BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two petitions, similar facts and identical law points are involved and the petitions are disposed of on merit at the stage of admission by this common order.

(2.) In both petitions, the petitioners have filed an application under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) before the Collector for redressal of their grievances against the orders passed in the proceedings under the Act. The application filed under Section 45B of the Act by the petitioners in C.W.J.C No. 11286 of 1995 has been registered as Misc. Ceiling Case No. 287 of 1992. The Collector, by the impugned order dated 1.11.1995, dropped the proceeding of the said case holding that of the power of the Collector having been deleted by Bihar Ordinance No. 20 of 1995, which came into effect with effect from 8.9.1995, the Collector ceased to have jurisdiction to entertain an application under Section 45B of the Act. Similarly, the application filed under Section 45B of the Act by the petitioners in C.W.J.C. No. 10978 of 1995 has been registered as Misc. Ceiling Case No. 142 of 1992, the Collector on identical ground that in view of the provision of Ordinance No. 20 of 1995, the Collector ceased to have Jurisdiction to entertain such application, dropped the proceeding by the impugned order dated 27.10.1995.

(3.) Section 45B of the Act, prior to coming into force of Bihar Ordinance into No. 20 of 1995, reads as follows:The State Government to call for and examine records:-The State Government or the Collector of the District, who may be authorised in this behalf may, at any time, call for and examine any record of any proceeding disposed of by a Collector under the Act any time, if it thinks fit, direct that the case be reopened and disposed of afresh in accordance with the provisions of the Act.