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Patna High Court

Amod Narayan Sharma,versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as infructuous because the order it sought to enforce has been complied with.

Summary

The petitioner, Amod Narayan Sharma, filed an application before the Patna High Court seeking relief against the State of Bihar. The application was filed in the wake of an earlier order dated 26‑11‑2021 in Civil Writ Jurisdiction Case No. 203 of 2020. The petitioner’s counsel submitted that the directions in that order had been fully complied with by the respondents. Consequently, the petitioner argued that the present application had become moot. The Court examined whether an application that has lost its purpose due to compliance can continue. Finding that the purpose of the application was exhausted, the Court held it to be infructuous. Accordingly, the Court dismissed the application as infructuous.

Issues considered

  • Whether the petitioner's application should be dismissed as infructuous after the order dated 26‑11‑2021 has been complied with.

Subjects

  • infructuous application
  • civil writ jurisdiction
  • order compliance
  • Patna High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1009 of 2022
                                                         In
                                   Civil Writ Jurisdiction Case No.203 of 2020
                   ======================================================
                   Amod Narayan Sharma, Son of Late Hirdaya Narayan Ojha, C/O ER. Anand
                   Narayan Sharma, resident of E-2/3 Purnendu Nagar, Phulwarisharif, P.S.
                   Phulwarisharif, District-Patna, presently residing at Village and P.O.-Khabra,
                   P.S. Muzaffarpur Sadar, District-Muzaffarpur, the retired Tutor, Periodontal
                   Department, Patna Dental College and Hospital, Patna.

                                                                             ... ... Petitioner/s
                                                      Versus
             1.    The State of Bihar through Sri Amir Subhani, son of not known to the
                   petitioner, presently posted as the Chief Secretary, Government of Bihar,
                   Patna.
             2.    Sri Pratay Amrit, son of not known to the petitioner, presently posted as the
                   Principal Secretary, Health Department, Government of Bihar, Patna.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Vijay Kumar Singh
                   For the Opposite Party/s :       Mr.Mujtabaul Haque(Gp12)
                                                    Mr. Manish Kumar, AC to GP 12
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

3     16-01-2026         1. Mr. Vijay Kumar Singh, learned counsel for the petitioner

                     submits that the order dated 26.11.2021 passed in C.W.J.C. No.

                     203 of 2020 has been complied as such this application has

                     become infructuous.

                         2. Accordingly, the application is dismissed as infructuous.



                                                (Anil Kumar Sinha, J)
praful/-

U


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