IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19459 of 2010 1. Rita Kumari W/O Sri Ram Pravesh Mahto R/O Vill. & P.O.- Pratappur, P.S.- Halsi, Distt.- Lakhisarai Versus 1. The State Of Bihar Through The Principal Secretary Cum Commissioner To The Govt. Of Bihar In The Department Of Welfare, Bihar, Patna 2. The Divisional Commissioner, Munger Division, Munger 3. The District Magistrate, Lakhisarai 4. Block Development Officer, Halsi, Distt.- Lakhisarai 5. S.D.P.O., Halsi, Lakhisarai 6. Smt. Malti Sinha W/O Sri Binod Kumar Of Vill.- Pratappur, Halsi, Lakhisarai 7. Up Mukhia, Pratappur Gram Panchayat P.S.- Halsi, Distt.- Lakhisarai ----------- 2. 29.11.2011 Heard learned counsel for the petitioner and the State. The limited submission on behalf of the petitioner is that if the Commissioner, Munger, by his order dated 21.4.2011 in Misc. Appeal No. 4 of 2011 was satisfied with regard to procedural infirmities in the decision making process and directed the District Magistrate to examine matters afresh and submit a fresh report it cannot be said that the proceedings before the Commissioner stood conclusively closed. One part of the proceeding may have stood closed by the aforesaid finding and direction, the second stage of the proceeding remains open for a final conclusion. Counsel for the State from the language used in the order of the Commissioner is unable to 2 persuade the Court to take any view other than that after the District Magistrate submits his report, the Commissioner is required to apply his mind afresh to proceed or not to proceed in the matter. The Court does not consider it necessary to issue notice to respondent no. 6 at this stage as the order of the Commissioner presently is in her favour. What may or may not happen after the District Magistrate submits his report to the Commissioner is premature at this stage. Needless to state that if the Commissioner opines to proceed further in light of the report of the District Magistrate, he is naturally required to issue notice and hear the petitioner and respondent no. 6 before passing any final orders. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)