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Patna High Court

Ramesh KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

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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