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 ----------- 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 2 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.)