IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5203 of 2010 1. JULEE KUMARI @ JULEE DEVI W/O SRI DILIP PRASAD SAH R/O VILL.- AMARPUR, P.O. & P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR I.C.D.S. SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BANKA 4. THE DISTRICT PROGRAM OFFICER, BANKA ----------- 2. 21.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The submission is that the original order of removal dated 26.6.2007 was in violation of the principle of natural justice akin to a still born child. The wrong remedy of review pursued and rejected by order dated 18.11.2009 is therefore inconsequential. The Commissioner was competent to hear the appeal against the order of the District Magistrate under the regulation as framed in 2006 read with the amendment dated 25.7.2008. Counsel for the State has no objection to the disposal of this application remanding the matter to the Divisional Commissioner, Bhagalpur to hear the appeal and adjudicate the matter on merit after hearing all concerned within a maximum period of four months from the date of receipt and/or presentation of a copy of this order. The order dated 10.2.2010 of the Divisional Commissioner declining jurisdiction to hear the appeal is set aside. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)