IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20235 of 2010 1. Archana Kumari W/O Kailash Singh R/O Vill.-Kharaita, P.O. Ps. & Block-Chautham, Distt.-Khagaria. Versus 1. The State Of Bihar Through The Director, Social Welfare, Patna. 2. The Secretary, I.C.D.S., Bihar At Patna. 3. The Divisional Commissioner, Munger. 4. The Collector, Khagaria. 5. The C.D.P.O., Chautham, Khagaria. 6. The Mukhiya, Gram Panchayat Thuthi, Chautham, Khagaria. 7. Hiramani Kumari W/O Panna Lal Sah R/O Vill.-Kharaita, P.S.Chautham, Distt.-Khagaria. ---------------------------------- 4. 18.11.2011 With the consent of the Counsel for the petitioner, the State and private respondent no. 7 the matter is being disposed off at this stage itself. Counsel for the State, has produced the original records from the office of the Divisional Commissioner, Munger. The Court is satisfied that the matter has to be remanded. The petitioner has asserted that the order in Misc. Appeal No. 28 of 2010 setting aside the order in Case No. 29 of 2009-2010 had been passed without notice to her and an opportunity to defend. Learned State Counsel from the original records is unable to satisfy the Court that notice was issued to the petitioner much less served before the order prejudicial to her passed. The order dated 6.9.2010 in Misc. Appeal No. 28 of 2010 is set aside. The matter is remanded to the Court of Divisional Commissioner, Munger to hear the parties afresh and then pass a fresh reasoned and speaking order in accordance with law within a maximum period of three months from the date of receipt and/or presentation of a copy of this order before him. Let the parties appear before the Commissioner on 29.11.2011 when further steps shall be taken by the Commissioner for hearing in the knowledge of the parties. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)