Patna High Court

Binod Kumar SinghversusThe State Of Bihar and Ors

Decided: 12 January 2026
Disposal: WITHDRAWN
Bench: ALOK KUMAR SINHA

Holding

The petition was dismissed as withdrawn because the relief sought became infructuous upon the petitioner's superannuation.

Summary

Petitioner Binod Kumar Singh, a headmaster, filed a civil writ petition against the State of Bihar and several officials. While the petition was pending, he superannuated from service. Counsel for the petitioner argued that the relief sought was no longer applicable and requested withdrawal of the case. The court examined whether the petition became infructuous due to the petitioner's retirement. Finding that the relief could no longer be granted, the court accepted the withdrawal. Consequently, the petition was dismissed as withdrawn.

Issues considered

Whether a civil writ petition becomes infructuous and may be withdrawn when the petitioner superannuates during its pendency?

Subjects

civil writ jurisdiction
superannuation
withdrawal of petition
infructuous relief
case dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.10894 of 2017
                 ======================================================
                 Binod Kumar Singh Son of Sri Gudri Singh Resident of Village- Mainpura,
                 P.O.- Mainpura Chandra, Police Station- Kaler, District- Arwal, At present
                 Posted as I/C Head Master, Upgraded Middle School, Sarbarpur, Block-
                 Kaler, District- Arwal.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State Of Bihar and Ors
           2.    The District Magistrate, Arwal null null
           3.    The R.D.D. Gaya Division, Gaya.
           4.    The District Education Officer, Arwal.
           5.    The D.P.O. Establishment, District Arwal.
           6.    The B.E.E. O. Block Kaler, District Kaler, District Arwal.
           7.     Sri Umesh Kumar Singh Son of Assistant Teacher, Upgraded Middle School,
                  Sarbarpur, Block- kaler, District Arwal.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Kumar Ravi Shankar
                 For the Respondent/s   :       Mr.S.C. Mishra-Sc16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

7   12-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondent-State.

                              2. Learned counsel for the petitioner submits that during

                   pendency of the present case, the petitioner has superannuated/

                   retired from service and therefore, the relief claimed in the writ

                   application has become infructuous and he therefore, praying for

                   withdrawing the present case.

                   3. As prayed for, the case is dismissed as withdrawn as the same

                   has become infructuous.



                                                             (Alok Kumar Sinha, J)
N.K/-
U

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