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Patna High Court

Ratnesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the writ petitions are infructuous and therefore dismissed.

Summary

Sharmanand Singh and Ratnesh Kumar Singh filed writ petitions challenging actions of various officials of the Rural Works Department and the State of Bihar. The respondents argued that a work order had already been issued, an agreement executed on 24-07-2025, and that the work was about 60% complete. The Court examined whether any relief could still be granted given the progress of the work. It concluded that the petitions had become infructuous because the relief sought could no longer be effectively granted. Accordingly, both writ petitions were dismissed as infructuous, and any pending applications were ordered to stand disposed.

Issues considered

  • Whether the relief sought in the writ petitions can be granted when a work order has already been issued, an agreement executed, and the work is substantially completed?

Subjects

  • writ petition
  • infructuous relief
  • administrative law
  • work order
  • civil jurisdiction
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11163 of 2025
     ======================================================
     Sharmanand Singh Son of Late Ramashish Singh, Residing at Village-
     Sonpur, Sidhanath Chowk, Chiriya Bazar, P.O.-Sonpur, P.S.-Hariharnath,
     District-Saran.

                                                               ... ... Petitioner/s
                                       Versus

1.   The Additional Chief Secretary, Rural Works Department, Government of
     Bihar, Patna.
2.   The Secretary, Rural Works Department, Government of Bihar, Patna.
3.   The Engineer-in-Chief- Additional Commissioner- cum- Special Secretary,
     Rural Works Department, Government of Bihar, Patna.
4.   The Chief Engineer-1, Rural Works Department, Government of Bihar,
     Patna.
5.   The Secretary to Engineer-in-Chief, Rural Works Department, Government
     of Bihar, Patna.
6.   The Superintending Engineer, Work Division, Chapra, Rural Works
     Department, Government of Bihar, Patna.
7.   The Nodal Officer, M.M.G.S.U.Y., South Bihar, Rural Works Department,
     Government of Bihar, Patna.
8.   The Executive Engineer, Work Division, Sonpur, Government of Bihar,
     Patna.
9.   Sri Ratnesh Kumar Singh S/o Sri Rameshwar Singh, Resident of Village-
     Khoksa Kalyan, P.O.-Khoksa Buzurg, P.S.-Desari, District-Vaishali, Bihar.

                                               ... ... Respondent/s
     ======================================================
                                        with
                 Civil Writ Jurisdiction Case No. 11125 of 2025
     ======================================================
     Ratnesh Kumar Singh Son of Sri Rameshwar Singh, resident of village
     Khoksha Kalyan, P.O. Khoksha Buzurg, P S Deshri, District- Vaishali, Bihar.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Rural Works Department, Government of
     Bihar, Patna.
3.   The Bihar State Educational Infrastructure Development Corporation Ltd.,
     (A Government of Bihar Undertaking), Shiksha Bhawan, Bihar Rastra
     Bhasha Parishad Campus, Acharya Shivpujan Sahay Path, Saidpur, Patna
     800004 through its Managing Director.
4.   The Engineer in Chief, Rural Works Department, Government of Bihar,
         Patna High Court CWJC No.11163 of 2025(7) dt.01-07-2026
                                                     2/3




                 Patna.
           5.    The Chief Engineer-1, Patna, Rural Works Department, Government of
                 Bihar, Patna.
           6.    The Chief Engineer, the Bihar State Educational Infrastructure Development
                 Corporation Ltd., (A Government of Bihar Undertaking), Shiksha Bhawan,
                 Bihar Rastra Bhasha Parishad Campus, Acharya Shivpujan Sahay Path,
                 Saidpur, Patna 800004.
           7.    The Superintending Engineer, Works Circle, Chapra, Rural Works
                 Department, Government of Bihar, District Chapra at Saran.
           8.    The Nodel Officer, MMGSY, Rural Works Department, Government of
                 Bihar, Patna.
           9.    The Executive Engineer, Rural Works Department, Works Division, Sonepur
                 at Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In Civil Writ Jurisdiction Case No. 11163 of 2025)
                 For the Petitioner/s      :       Mr.Niranjan Kumar, Advocate
                                                   Mr. Rohan Kumar, Advocate
                 For the State             :       Mr. Ajay, GA-5
                 For the Respondent No. 9:         Mr. Prabhat Ranjan, Advocate.
                 (In Civil Writ Jurisdiction Case No. 11125 of 2025)
                 For the Petitioner/s      :       Mr.Prabhat Ranjan, Advocate
                 For the State             :       Smt. Binita Singh, SC-28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

7   01-07-2026                 Heard learned counsel for the parties.

                               2. Mr. Prabhat Ranjan, learned counsel appearing on

                   behalf of Respondent No. 9 in CWJC No. 11163 of 2025 and

                   petitioner in CWJC No. 11125 of 2025, submits that a work

                   order has already been issued in favour of Respondent No. 9 and

                   pursuant to that an agreement has also been executed between

                   the parties on 24.07.2025. It is further submitted that the work is

                   presently in progress and approximately 60% of the work has
          Patna High Court CWJC No.11163 of 2025(7) dt.01-07-2026
                                                      3/3




                    already been completed.

                                3. In view of the aforesaid submissions, this Court is

                    of the view that the relief sought in the present writ petitions can

                    no longer be effectively granted as both the writ petitions have

                    become infructuous.

                                4. Accordingly, both the writ petitions stand dismissed

                    as infructuous.

                                5. Pending application, if any, shall stand disposed

                    of.



                                                (Sudhir Singh, J)


                                            (Ranjan Kumar Jha, J)
Sujit/-

U


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