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Patna High Court

Munita DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as infructuous because the relief sought has already been obtained.

Summary

Four widows filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and its officials. During the pendency of the petition, the grievances for which relief was sought were reportedly resolved. The petitioners' counsel submitted that the petition had become infructuous as the relief sought was no longer required. The court examined whether a writ petition that has lost its purpose can continue. Relying on the principle that a petition must have a live cause of action, the court held that the petition was indeed infructuous. Consequently, the writ petition was dismissed.

Issues considered

  • Whether a civil writ petition becomes infructuous and dismissible when the relief sought has already been granted or the grievance redressed during its pendency.

Subjects

  • civil writ
  • infructuous petition
  • petition dismissal
  • relief redressed
  • High Court of Patna

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No 18341 of 2023
                 ======================================================
           1.     Munita Devi Widow of Late Harendra Ram, resident of Village Madhkaul,
                  Ward No. 03, Police Station Belsand, District Sitamarhi.
           2.    Rina Devi, Widow of Late Akalu Rai, resident of Village Lakshmipur, Ward
                 No. 04, Police Station Belsand, District Sitamarhi.
           3.    Raj Kumari Devi, Widow of Late Sheoji Sah, resident of Village Nunaura,
                 Police Station Belsand, District Sitamarhi.
           4.    Ful Kumkari Devi, Widow of Late Kishori Paswan, resident of Village
                 Damami, Ward No. 08, Police Station Belsand, District Sitamarhi.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Sitamarhi.
           2.    The District Magistrate, Sitamarhi.
           3.    The Circle Officer, Belsand, District Sitamarhi.
           4.     The Accountant General Bihar, Birchand Patel Marg, Patna.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ashok Kumar Jha
                 For the Respondent/s   :       Mr.Kumari Amrita (Gp3)
                 ======================================================
                 CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the parties.

                               2 At the outset, learned counsel for the petitioners

                   submits that during pendency of the writ petition, the grievances

                   of the petitioners have been redressed and the writ petition has

                   become infructuous.

                               3 Accordingly, the writ petition is dismissed as

                   infructuous.


                                             (Ritesh Kumar, J)
M.E.H./-

U


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