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1983 Supreme(Pat) 256

SURENDRA NARAIN JHA, HARI LAL AGRAWAL
Harihar Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. The petitioner has filed the present writ application for quashing the order of the Collector, Rohtas, dated 18-12-1982, contained in Annexure 2, passed in exercise of the powers under Sec. 45B Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, for reopening the Land Ceiling Case No. 32A of 1976-77 which was closed by the order dated 28-2-1977 by the Subdivisional Officer, Bhabhua, vide the order contained in Annexure 1.

2. The order is challenged mainly on the ground that in the absence of any fresh material coming in possession of the Collector, after the disposal of the proceeding, he could not reopen the proceeding. In other words, the argument is that the proceeding which had finally concluded cannot be reopened by the Collector at his pleasure.

3. Sec. 45B was inserted by the Legislature by Act No. 22 of 1976 and reads as follows :

"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 and may, if it thinks fit, direct that the case be reopened and disposed of af

















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