KAMESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In as application under Articles 226 and 227 of the Constitution of India, the petitioner prays for quashing an order dated 23.8.1V82 as contained in Annexure '1'.

(2.) By the impugned order, the District Collector re-opened the case and directed that the matter be disposed of by Additional District Magistrate (C) in accordance with law. It is relevant to refer Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'), which runs as follows:

(3.) On a perusal of Section 45B of the Act, it is clear that the legislature has empowered the District Collector to reopen the case as well as to dispose of the same in accordance with law. In the present case the District Collector directed the Additional Collector (C) to dispose of the matter in accordance with law which is without jurisdiction. Hence I quash the order dated 23.8.1982 as contained in Annexure '1'. However, it will be open for the District Collector to proceed afresh in accordance with law.