Patna High Court
Ramesh KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The interim order merged with the final order already under challenge in another writ, rendering the present writ infructuous and dismissed.
Summary
The petitioner challenged an interim order dated 09‑02‑2018 issued by the Chairperson of the State Appellate Authority, Education Department, Bihar. While the writ petition was pending, the Authority passed a final order in the same matter (Appeal Case No. 284 of 2017), which the petitioner is also challenging in a separate writ petition (CWJC No. 14629 of 2018). The petitioner sought to have the present writ merged with the pending one, whereas the State argued that the present petition had become infructuous. The Court held that the interim order had merged with the final order, which is already under challenge in the other writ, and therefore the present writ was infructuous. Consequently, the Court dismissed the present writ application, allowing the petitioner to raise all issues in the pending writ (CWJC No. 14629 of 2018).
Issues considered
- Whether an interim order under challenge becomes infructuous when a final order on the same subject is passed and is itself under challenge in another writ petition
- Whether the present writ petition can be merged or tagged with the other pending writ petition
Subjects
- civil writ jurisdiction
- interim order
- final order
- infructuous
- merger of proceedings
- education department
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5235 of 2018
======================================================
Ramesh Kumar son of Sri Bisheshwar Prasad Yadav, resident of Village and
P.O.- Mirchaibari, Police Station- Jankinagar, District- Purnea.
... ... Petitioner
Versus
1. The State Of Bihar
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The District Education Officer, Purnea.
4. The Block Education Officer, Banmankhi, District- Purnea.
5. The Mukhiya, Gram Panchayat, Gangapur under Banmankhi Block, Disrict-
Purnea.
6. The Panchayat Secretary, Gram Panchayat, Gangapur under Banmankhi
Block, District- Purnea.
7. Sheo Shankar Kumar, son of Arjun Kumar, resident of Village and P.O.-
Mirchaibari, Police Station- Jankinagar, District- Purnea.
8. Sadanand Poddar, Son of Bhola Poddar, resident of Village- Chandipur
Bhanga, Police Station- Jankinagar, District- Purnea.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
For the Respondent/s : Mr. A.R. Pandey, Aag-15
: Mr. S.S. Tiwary, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
7 16-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the Respondent-State.
2. In the present writ application, the petitioner has
challenged the order dated 09.02.2018 passed by the
Chairperson, State Appellate Authority, Education Department,
Bihar, Patna in Appeal Case No. 284 of 2017 (Annexure-P/1).
3. Learned counsel for the petitioner as well as the
learned counsel for the Respondent-State has brought to the
notice of this Court that during the pendency of the writ
application, final order has already been passed by the State
Appellate Authority, Education Department, Bihar, Patna in
Patna High Court CWJC No.5235 of 2018(7) dt.16-01-2026
2/3
Appeal Case No. 284 of 2017 and the said final order is against
the petitioner, which the petitioner has challenged by filing
another writ application bearing CWJC No. 14629 of 2018
which is currently pending adjudication before this Court.
4. Learned counsel appearing for the petitioner,
therefore, submits that in view of the above development which
has taken place during the pendency of the writ application, this
writ application be tagged along with CWJC No. 14629 of 2018.
5. However, learned counsel for the Respondent-State
strongly opposes the prayer made by learned counsel for the
petitioner by submitting that interim order which is under
challenge in the present writ application has now merged with
the final order which has been passed by the Chairperson, State
Appellate Authority, Education Department, Bihar, Patna in
Appeal Case No. 284 of 2017 (Annexure-P/1) and since the
same is already under challenge in another writ application,
therefore, the present case has become infructuous and it should
accordingly be dismissed.
6. After hearing the submissions made by both the
parties, this Court is of the view the interim order which has
been under challenge in the present writ application has already
merged with the final order which has been passed by the
Patna High Court CWJC No.5235 of 2018(7) dt.16-01-2026
3/3
Chairperson, State Appellate Authority, Education Department,
Bihar, Patna in Appeal Case No. 284 of 2017 (Annexure-P/1)
and since the final order is already under challenge in another
writ application bearing CWJC No. 14629 of 2018, therefore,
the present writ application so far as it relates to challenging the
interim order has become infructuous.
7. In view of above reasons, the present writ
application is dismissed as having become infructuous with
liberty to the petitioner to raise all issues in the pending writ
application bearing CWJC No. 14629 of 2018.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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