Sunita Devi @ Sunita Kumari Vs The Commissioner — Patna HC (2024) — LawSathi Research

Sunita Devi @ Sunita Kumari Vs The Commissioner — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned revision order dated 28.10.2023 of Respondent No. 1 (Divisional Commissioner, Darbhanga Division) set aside; matter remanded for fresh consideration of the revision, with directions to put the petitioner and Respondent No. 9 on notice, afford opportunity of objection and personal hearing, complete the exercise preferably within 8 weeks, and communicate any orders passed to the petitioner.

Issue for consideration

Whether the order under revision dated 28.10.2023 passed by Respondent No. 1 (Divisional Commissioner, Darbhanga Division) without putting the petitioner on notice should be set aside and the matter remanded for fresh consideration after notice and hearing to the parties.

Court's answer

The impugned order dated 28.10.2023 passed by Respondent No. 1, the Divisional Commissioner, Darbhanga Division, is set aside.

Ratio / Principle

The matter is remanded back to Respondent No. 1 for considering the revision afresh.

Key takeaways

Before passing any order, the Divisional Commissioner shall put the petitioner as well as Respondent No. 9 on notice and give them an opportunity of their objection and personal hearing.ratio¶27
The entire exercise shall be completed as expeditiously as possible, preferably within 8 weeks from receipt of a copy of the order, and any orders passed shall be communicated to the petitioner.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), Oral Order dated 25-11-2024, disposed of Civil Writ Jurisdiction Case No.7546 of 2024 (Sunita Devi @ Sunita Kumari v. The Commissioner, Darbhanga Division). The petitioner's grievance was that Respondent No. 9 had filed a revision before the Divisional Commissioner, who passed the order dated 28.10.2023 without putting the petitioner on notice. With counsel for Respondents No. 8 and 9 consenting, the Court set aside the impugned order and remanded the matter to Respondent No. 1 for considering the revision afresh, directing that the petitioner and Respondent No. 9 be put on notice and given opportunity of objection and personal hearing, that the exercise be completed preferably within 8 weeks of receipt of a copy of the order, and that orders passed be communicated to the petitioner.

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

The Commissioner Darbhanga Division Darbhanga.

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

The District Supply Officer Darbhanga.

Assistant District Supply Officer Darbhanga.

The Sub-Divisional Officer Darbhanga, Sadar.

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

The District Co-operative Officer Darbhanga.

The Block Development Officer Singhawara, Darbhanga.

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

6 25-11-2024

Heard the learned counsel for the parties.

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.

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.

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.

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

(A. Abhishek Reddy , J)

Shamshad/-

U