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 afresh in accordance with the provisions of the Act."

4. The proceeding in question was started against the petitioner on the report of the Circle Officer, Bhabhua in the year 1976. In pursuance of a notice the petitioner submitted his returns. Verification reports were called for from the Circle Officers of Chainpur and Kudra regarding the possession of the lands by the petitioner. It may be mentioned that the family of the petitioner consisted of his spouse and four minor children. From the facts stated in the counter-affidavit filed on behalf of the State it appears that on the 11th August, 1970 the family members of the petitioner had alienated large areas of land under various registered documents, such as (1) 8.15 acres by Usha Devi, petitioners married daughter, (2) 18.45 acres by Smt. Kawalpati Devi, the petitioners wife, and (3) 9.67 acres by Radhika Kumari, petitioners minor daughter aged about 8 years. It has further been stated that the lands disposed of by Radhika Kumari were gifted to her by her grandmother Mt. Govindi Kuer some time in the year 1962. According to the return submitting by the petitioner, Radhika was aged about 14 years on 28-6-1976. If this be true, then she would have just born at the time of making of the gift.

The petitioner, however, asserted in reply to the counter-affidavit that all those transactions were genuine and the sale deeds were produced by the purchasers before the Sub-divisional Officer who felt satisfied regarding their genuineness. It may be mentioned that all these transfers were effected by the petitioner or, far that matter, his family members, just a few days before the appointed day, i.e., 9-9-1970. It may well be that at that time the permissible ceiling area was even larger but the landholders in the State of Bihar were very much apprehensive and had become panicky that the ceiling area might be further reduced and, therefore, in order to escape the consequences of any further reduction, agricultural lands were transferred for consideration to outsiders as well as benami to near and close relations to reduce the extent of their lands within the ceiling area. It was for this purpose that the Legislature imposed restrictions against transferring lands held by the landholders, except with the previous permission in writing of the Collector.

Clause (iii) of sub-section (1) of Sec. 5 of the Act empowered the Collector to make enquiries in respect of any transfer of land by the landholder made after 22-12-1959, and if he became satisfied "that such transfer was made, with the object of defeating, or in contravention of the provisions of this Act or for retaining, benami or fargi, land in excess of the ceiling area, the Collector may after giving... notice... annul such transfer."

5. It has already been