IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.4391 of 2009 1. Hari Prasad Keshari, S/O late Ramawatar Prasad Keshari 2. Ashok Keshari @ Ashok Prasad Keshari, S/O late Ramawatar Prasad Keshari 3. Hiralal Keshari, S/O late Durga Prasad Keshari 4. Jay Prakash Keshari, S/O late Ram Nath Prasad 5. Kalyan Prasad Keshari, S/O late Kailash Prasad Keshari 6. Ram Chandra Keshari, S/O late Ram Lal Prasad Keshari 7. Dilip Keshari, S/O late Ram Lal Prasad Keshari 8. Raj Kumar Keshari @ Ram Kumar Keshari, S/O late Ramalal Prasad Keshari 9. Dinesh Keshari, S/O late Ram Lal Prasad Keshari 10. Naresh Keshari, S/O late Ramlal Prasad Keshari All residents of village Ramganj, P.S. Jogbani District Araria .. Petitioners Versus 1. The State of Bihar 2. The Additional Collector, Araria 3. Durga Prasad, Keshari 4. Jogendra Prasad Keshari Respondents 3 and 4 are sons of late Harinand Prasad Keshari, residents of village Ramganj Fakirna, P.S. Jogbani, district Araria 5. Daraplal, S/O Natai Sada, resident of village Aamgachhi, P.S. Jogbani, district Araria .. Respondents **** /2/ 16.04.2009 Heard the counsel for the petitioners and the State. 2. Petitioners have filed this application for quashing the order, dated 29.10.2007, passed in Case No. 112 of 1993- 1994/6 of 2007-2008 by the Additional Collector, Araria, in 2 exercise of jurisdiction under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short, ‘the Act’). 3. Without going into the merit of the application, it is apparent that the impugned order is completely without jurisdiction. Petitioners had filed application under Section 45B of the Act on 08.03.1994 for reopening of Ceiling Case No. 70 of 1973-1974 and for quashing the district gazette no. 2610, dated 09.12.1987, published under Section 15(1) of the Act, declaring petitioners’ land as surplus of the land holder. This application was entertained for the first time by the Collector on 28.01.2004. By order, dated 20.09.2006, the Collector, Araria, transferred the application filed by the petitioners under Sections 45B of the Act to the Additional Collector for consideration and disposal in accordance with law. Section 45B of the Act is a jurisdiction vested in the State Government for examining the records of the proceeding disposed off by the Collector and if proper to reopen and dispose off the proceeding afresh in accordance with law. The power which is vested in the State Government was earlier exercised by the Collector of the district as it was delegated by 3 the State Government to the Collector for exercising such jurisdiction. A jurisdiction which was delegated to the Collector by the State Government legally could not have been redelegated to the Additional Collector in any situation. This jurisdiction could have been exercised by the Collector of the district himself that has not been done, as such, the impugned order is completely without jurisdiction and fit to be quashed. 4. The impugned order is quashed. The matter is remitted back to the Collector, Araria, for disposal of the petition filed by the petitioners under Section 45B of the Act as on the date this application was filed, the Collector was vested with the power to exercise this jurisdiction. The Collector while considering the petition for reopening the ceiling proceeding will issue notice to the petitioners and all necessary parties. He will also consider this fact that land was purchased by the petitioners much before 22.10.1959, i.e., appointed date for exercise jurisdiction under the Act. Petitioners are claiming to be in possession of the land despite it’s settlement with the red card holders. In case it is correct status quo as existing today shall be maintained by the parties 4 till the application filed by the petitioners under Section 45B of the Act is disposed off. 5. With these observations and directions, this application is disposed off. Cp:2/S.A. ( Mridula Mishra, J. )