B.P.Jha, J.

1. In an application under Articles 226 and 227 of the Constitution of India the petitioners pray for quashing Annexure 5 contains an order passed by the District Collector, Rohtas (Respondent No. 2) for re-opening the case 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").

2. By Annexure 2 the Land Reforms Deputy Collector granted two-units to Jag Narain Tiwari (husband of petitioner No. 1) and Rama Shankar Tiwary (father of petitioner No. 2). Now Jag Narain Tiwary is dead. The land Reforms Deputy Collector granted one unit to Rama Shankar Tiwary on the basis of the electoral roll as well as on the basis of the report of the Anchal Adhikari

3. By Annexure 3 the District Collector re-opened the case under Sec. 45B of the Act and transferred the same to the file of Shri R.B. Mahto, S.D.O. for disposal in accordance with law. The S.D.O. was of the opinion that the Land Reforms Deputy Collector was justified in granting, one unit to Jag Narain Tiwary and one unit to Rama Shankar Tiwari.

4. By Annexure 5 the District Collector again re-opened the matter and directed