G.C. Bharuka, J.

The present writ application is directed against the order dated 2.11.1982 (Annexure-7) passed by the Collector, Nalanda purporting to exercise his powers. Under Section 458 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition. of Surplus Land) Act, 1961, (hereinafter referred to as 'the Act'). As appears from the impugned order, the ceiling proceedings against the petitioner had been concluded by the DCLR, Bihar Sharif on 10.7.1975.

2. The impugned order has been passed by the Collector for two reasons:

(I) There is no clear finding, with regard to the majority or minority on 9.9.1970, and

(II) There is no clear finding with regard to the transfer of 17.55 acres of land to Ramchandra Prasad Singh.

3. I am afraid such grounds cannot form the basis for reopening proceedings under Section 45B of the Act. It has been repeatedly held by this Court that for the purpose of section 45B the Collector is not to reopen floodgates for fishing enquiry. Therefore, there should be positive reasoning for reopening of the concluded proceedings otherwise if such powers are allowed to be exercised frequently on any frivolous ground then it may lead to untold harass