Letters Patent Appeal No.1046 OF 2002 **************** Against the Judgment and Order dated 6th August, 2002 passed by Hon’ble Mr. Justice S.K. Katriar in C.W.J.C. No.5077 of 2002 --------- SMT. NIKHILESHWARI CHOUDHARY---------------------(Appellant) Versus THE STATE OF BIHAR & ORS-------------------------(Respondents) --------- For the Appellant: Mr. Shailendra Kumar, Advocate, Mr. Bhupendra Narayan, Advocate. For the Respondents: Mr.Ram Chandra Thakur, S.C.IV (C), Mr. K. Thakur, J.C. to S.C. IV(c). P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE C.M.PRASAD Barin Ghosh & C.M. Prasad, JJ. After the proceedings initiated under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was concluded, many attempts were made to reopen the concluded matter by purported exercise of power under Section 45B of the Act. When each such attempt was made, the appellant had approached this Court and he succeeded in taking his attempts. Lastly, the Court pointed out that before exercising such power, the appellant should be heard. Hearing was granted to the appellant by the Minister In-Charge of the Department. After such hearing by an order signed by the Minister In-Charge of the Department, power under Section 45B of the Act was exercised. On the last occasion when the 2 appellant approached this Court, the Court directed reasons to be furnished for exercise of power under Section 45B of the Act. 2. In the writ petition filed by the appellant, the main contention of the appellant was that the order purporting to be under Section 45B of the Act is bereft of any reason. We have looked into the order and having had looked into the order, we feel it would not be just to go into the contention whether the order contains reasons or not. The fact that the said order is the order of the Minister makes it amply clear that the same is not of the State Government. The power under Section 45B of the Act vests in the State Government and not in the Minister, although, he may be In-Charge of the Department dealing with the matter. Inasmuch as the impugned order is not of the State Government, we only declare, while allowing the appeal and setting aside the Judgment and Order under appeal, that the said order of the Minister, being not a decision of the State Government to reopen and dispose of the Ceiling Case of the appellant afresh, on the basis of the said order the Ceiling case of the appellant cannot be reopened and the appeal is accordingly disposed of. Patna High Court, The 12th September, 2008, N.A.F.R./Mkr. (Barin Ghosh, J.) (C.M. Prasad, J.) 3