IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6539 of 2008 Nisha Devi, wife of Sarmendra Kumar, village Dehrigarh, PS Harnaut, District Nalanda – Petitioner. Vs. 1) The State of Bihar, 2) The Commissioner, Patna Division, Patna. 3) Dist. Magistrate, Nalanda. 4) Child Dev. Project Officer, Harnaut, Nalanda. 5) Subdivisional Officer, Nalanda. 6) Block Dev. Officer, Harnaut, Nalanda. 7) Mukhia, Dehri Gram Panchayat, Harnaut, Nalanda. 8) Secretary cum Panchayat Secretary, Gram Panchayat Dehri, Harnaut, Nalanda. 9) Dist. Welfare Officer, Nalanda – Respondents. 2 3.5.2011 The Commissioner, Patna Division has refused to decide the dispute between the petitioner and Rani Kumari, the complainant on the ground that writ petition is pending in the High court. The Commissioner may notice that the High court has and is remanding such matters to the appellate authority to take a decision even if writ petitions are filed without availing the alternative remedy. In the circumstances the Commissioner, Patna Division should decide the issue in question within four months on receipt / production of a copy of this order on valid service of notice on Rani Kumari, the complainant. I may indicate the issues in this case. The petitioner admits that her father-in-law is working as a Class IV Government employee at Harnaut. It is submitted on behalf of the petitioner that there was a partition in the family and as such she does not have any financial aid from father-in-law’s side. This issue should be decided after taking into consideration the judgment reported in 2 the case of Sunita Kumari vs. State of Bihar and others, 2010 (3) PLJR 68. The Child Development Project Officer may also produce the records of Aam Sabha, as a stand has been taken on behalf of the petitioner that objections regarding the relationship were raised in the Aam Sabha, but were rejected by the Mukhia and other presents. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)