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1984 Supreme(Pat) 15

B.P.JHA, CHOUDHARY, SIA SARAN SINHA
Shri Rabindranath Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:M/s Indushekhar Prasad Sinha, Senior Advocate and Girindra Mohan Thakur, Advocate
For the State:M/s Daman Kant Jha, Government Advocate and Uday Shanker Sharan Singh, Junior Counsel to Government Advocate.

JUDGMENT

Choudhary Sia Sharan Sinha, J.

The petitioners, six in number, five of them being sons of Shri Shashi Kant Kumar and the sixth his widow, have filed this writ application for quashing Annexure-1 dated 18.10.82, the order of the Collector of the district re-opening the case, earlier disposed of, under the Bihar Land Reforms (Fixation of Ceiling Area And Acquisition of Surplus Land) Act, 1961, hereinafter referred to as 'the Act', as also the notice (Annexure-4) issued to the petitioners asking them to come prepared for re-hearing of the matter.

2. In substance, the petitioners have challenged the impugned order of the re-opening, as contained in Annexure-1, on the ground that there was no fresh material before the Collector of the district to do so. It was also contended that the State Government did not move the higher authorities against the earlier or-ners disposing of the Land Ceiling case in favour of the petitioners on two earlier occasions, at first, on 30.11.1970 by the Additional Collector (vide annexure-2) and subsequently on 9.10.1975 by the Collector of the district (vide Annexure-3). There is no counter affidavit on behalf of the State of Bihar though the learned
















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