Judgment In this application the petitioners pray for quashing of annexure 5' whereby the Collector has directed re-opening of case no, 84 of 1965-66 which was disposed of on 6th March, 1975. This case relates to a proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. The petitioners also pray for quashing of Annexures 6, 8 and 8A being orders passed and steps taken pursuant to annexure-5. 2. It appears that a proceeding under the Act, was started in the year 1965 and numbered as case no. 84 of 1965-66. After the amendment of the Act, the matter was re-examined in view oftl1o amended provisions of the Act, an d a fresh report was called for from the Anchal Adhikari, Bhabua. On receipt of the report and after hearing the petitioners it was held by the order passed by the Land Reforms Deputy Collector on 61h March, 1975 which is contained Annexure 4' that the petitioners did not hold land beyond the ceiling area (after the amendment) and the proceeding was consequently dropped by Annexure 5' the Collector has written on 9th August, 1975 to the Sub-divisional Officer, Bhabua directing him to start a fresh proceeding on the assumption that the earlier order passed was not in accordance with the provisions of the Act. 3. Learned counsel for petitioner's contends that the start of a fresh proceeding or re-opening of the matter which was concluded in an order passed on 6th March, 1975 is not permissible in law. The contention appears to be correct. The earlier order under annexure 4' was passed by the Deputy Collector incharge Land Reforms who exercised the powers of the Collector under the Act. There being no appeal against the order passed under annexure 4' the re-opening of the matter could only be permissible if there was power of review. Wo do not find that there is such a power under the provisions of the Act. It has been so held in case of Mohamad idris and another Vs. the State of Bihar and others CWJC No. 1417/70 decided on 19th January, 1973), The decision of the Supreme Court in Gurdit Singh V. Slate of Punjab AIR 1974 SC 1791 is also a case which supports the view that there is power of review unless the Statute specifically confers such a power.
the State of Bihar and others CWJC No. 1417/70 decided on 19th January, 1973), The decision of the Supreme Court in Gurdit Singh V. Slate of Punjab AIR 1974 SC 1791 is also a case which supports the view that there is power of review unless the Statute specifically confers such a power. That being the position annexures 5', 6', 8', and 8A' have to be quashed being beyond the power of the authorities concerned. We clarify that we have examined this case from the point of view of the exercise of power by the Collector. This application is, accordingly allowed but without costs. Application allowed.