Sunita Devi @ Sunita Kumari v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7546 of 2024 ====================================================== Sunita Devi @ Sunita Kumari Wife of Chote Paswan, Resident of villageFulthua, P.O. Banauli, P.S.- Simri, Block- Singhwara District- Darbhanga847428. ... Petitioner

Versus

1.

The Commissioner Darbhanga Division Darbhanga. 2.

The State of Bihar Through District Magistrate cum- Chairman District Selection Committee, Darbhanga.

3.

The District Supply Officer Darbhanga.

4.

Assistant District Supply Officer Darbhanga.

5.

The Sub-Divisional Officer Darbhanga, Sadar.

6.

The Licensing Officer cum- District selection Committee cum Sub Divisional Office Darbhanga Sadar.

7.

The District Co-operative Officer Darbhanga.

8.

The Block Development Officer Singhawara, Darbhanga. 9.

Rakesh Kumar S/o Vishnu Ram R/o Village- Banauli, P.O. Banauli, P.S. Simri, District- Darbhanga. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Md. Shahnawaz Ali, Adv.

For the State :

Ms Manisha Singh, AC to GP VII For Respondent No. 9 :

M/s Yugal Kishore & Jai Prakash Singh, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-11-2024 Heard the learned counsel for the parties.

2. The only grievance of the petitioner is that Respondent No. 9 has filed a revision before the Divisional Commissioner, i.e., Respondent No. 1, who has passed the order under revision without putting the petitioner on notice.

3. Both the counsels for Respondents No. 8 and 9 have stated that the order impugned in the present Writ Petition may be set aside the matter remanded back to the Divisional Commissioner for passing order afresh duly putting all the

Patna High Court CWJC No.7546 of 2024(6) dt.25-11-2024 2/2 parties on notice and giving them opportunity of hearing.

4. Having regard to the above made submissions, the present Writ Petition is disposed of in the following terms. The impugned order passed by Respondent No. 1, the Divisional Commissioner, Darbhanga Division, dated 28.10.2023, is set aside and the matter is remanded back to the Respondent No. 1 for considering the revision afresh. The Divisional Commissioner before passing any order shall put the petitioner as well as Respondent No. 9 on notice and give them an opportunity of their objection and personal hearing. The entire exercise shall be completed as expeditiously as possible, preferably within a period of 8 weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the petitioner.

5. With the above directions, the Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U