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Patna High Court

Rakesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application stands disposed of as having become infructuous.

Summary

Petitioner Rakesh Kumar Singh filed a civil writ petition challenging actions of the State of Bihar and its mining officials. During the proceedings, a subsequent Notice of Intention to Transfer (NIT) was issued, rendering the relief sought by the petitioner moot. The petitioner’s counsel argued that the writ had become infructuous. The Court held that no further order was necessary as the petition was rendered ineffective by the NIT. Consequently, the writ application was disposed of as infructuous, and any pending applications were also dismissed.

Issues considered

  • What is the appropriate judicial response when a writ petition becomes moot due to the issuance of a subsequent NIT?

Subjects

  • civil writ
  • infructuous
  • NIT
  • mining law
  • administrative law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3922 of 2025
                 ======================================================
                 Rakesh Kumar Singh, aged about 49 years (Male), Son of Lalan Singh,
                 Resident of Village- Gangotri Palace Apartment, Block- B, flat no.- 202,
                 Katira Maharaja Hatt, Ara, P.S.- Ara Nawada, District – Bhojpur.


                                                                         ... ... Petitioner
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Mines and Geology
                 Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
           2.    The Principal Secretary-cum-Mines Commissioner, Mines and Geology
                 Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
           3.    The Director, Mines and Geology Department, Government of Bihar, Vikas
                 Bhawan, Bailey Road, Patna.
           4.    The Collector-cum-District Magistrate, Bhojpur.
           5.    The District Mining Officer, Bhojpur.


                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Avinash Shekhar, Advocate
                 For the State         :      Mr. Standing Counsel (28)
                 For the Mines         :      Mr. Naresh Dikshit, Advocate and Mr. Utsav
                                              Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)


7   04-05-2026                  Learned counsel for the petitioner submits that the

                   present writ application has become infructuous as subsequent

                   NIT has already been issued.

                                2. Considering the aforesaid fact, this Court is of the

                   view that no further order is required to be passed in the present
          Patna High Court CWJC No.3922 of 2025(7) dt.04-05-2026
                                                      2/2




                    writ application.

                                3. Accordingly, the present writ application stands

                    disposed of as having become infructuous.

                                4. Pending application(s), if any, shall also stand

                    disposed of.




                                                        (Sudhir Singh, J)


                                                     (Shailendra Singh, J)
U.K./-B.K.S.
U


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