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Patna High Court

Shivjee SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition was dismissed as having become infructuous.

Summary

Shivjee Sah filed a civil writ petition before the Patna High Court challenging actions of several state officials. During the pendency of the petition, the petitioner’s grievances were resolved to his satisfaction. The petitioner’s counsel therefore moved that the petition had become infructuous. The court examined the submission and found no remaining relief to be granted. Consequently, the writ petition was dismissed as infructuous. No substantive merits of the original claims were adjudicated.

Issues considered

  • Whether the writ petition became infructuous due to settlement of the petitioner’s grievances
  • Whether the court can dismiss a petition on the ground of infructuity

Subjects

  • writ petition
  • infructuous
  • petition dismissed
  • Civil Writ Jurisdiction
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2262 of 2022
                 ======================================================
                 Shivjee Sah Son of Late Ram Khelawan Sah, resident of Village - Kamrawon,
                 P.S. - Dalsingsarai, District - Samastipur.
                                                                           ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Principal Secretary, Finance Department,
                 Bihar Patna.
           2.    The Divisional Commissioner, Darbhanga Division, Darbhanga.
           3.    The District Magistrate, Samastipur.
           4.    The Sub-Divisional Officer, Rosera, Samastipur.
           5.    The Establishment Deputy Collector, Samastipur.
           6.    The Block Development Officer, Patory, Samastipur.
           7.    The District Accounts Officer, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Prashant Kumar, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the Respondent/s       :     Mr. Sarvesh Kumar (GP-24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   07-01-2026                          Learned counsel for the petitioner and learned

                   counsel for the State are present.

                                 2. Learned counsel for the petitioner submits that

                   during the pendency of the writ petition, the grievances of the

                   petitioner have been settled. As such, the writ petition has

                   become infructuous.

                                 3. Accordingly, the present writ petition stands

                   dismissed as having become infructuous.



                                                                     (Dr. Anshuman, J.)
Aman Kumar/-

U


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