IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5529 of 2010
1. SITA KUMARI @ SITA DEVI W/O SRI SURYA NARAYAN PRASAD
R/O VILL LAURH, P.S.SUPAUL, DISTT-SUPAUL(BIHAR)
Versus
1. THE STATE OF BIHAR THROUGH THE COMMISSIONER -CUM-
SECRETARY, DEPARTMENT OF SOCIAL WELFARE GOVERNMENT
OF BIHAR, PATNA
2. THE DIVISIONAL COMMISSIONER KOSHI DIVISION , SAHARSA
3. THE DISTRICT MAGISTRATE SUPAUL
4. THE DEPUTY DEVELOPMENT COMMISSIONER SUPAUL
5. THE DISTRICT WELFARE OFFICER SUPAUL
6. THE SUB DIVISIONAL OFFICER SUPAUL
7. THE CHILD DEVELOPMENT PROJECT OFFICER BLOCK
SUPAUL, DISTT-SUPAUL
8. THE MUKHIYA , GRAM PANCHAYAT LAURH, SUPAUL
9. SMT. ASHA DEVI W/O SRI GULAB CHAND SAH R/O VILL
LAURH, P.S.SUPAUL, DISTT-SUPAUL
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02. 26.11.2010 Heard learned counsel for the petitioner, for
the State and as also for the private respondent no.9.
The petitioner is aggrieved by the order of
the Commissioner dated 15.12.2009 in Case No. 16 of
2009, preferred by respondent no.9, by which he has
upset the order of the District Magistrate dated
6.6.2008 holding in favour of petitioner and against
the respondent no.9.
Learned counsel for the petitioner submits
that the appellate authority has arrived at the finding
that respondent no.9 was not heard and yet
proceeding to adjudicate the matters on merits.
Properly, he should have set aside the issue and
remanded the matter to the District Magistrate.
Learned counsel for the respondent no.9 acknowledges
and supports the submission to the extent that he was
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not heard by the District Magistrate. The order dated
15.12.2009 and 12.8.2008 are accordingly set aside.
The matter is remanded to the District Magistrate to
hear the petitioner and respondent no.9 and others
concerned afresh and then dispose off the matter by a
reasoned and speaking order in accordance with law
within a maximum period of three months from the
date of receipt/production of a copy of this order.
The application stands disposed.
P.K. ( Navin Sinha, J.)