Patna High Court
Sharmanand SinghversusThe Additional Chief Secretary,
- 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
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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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