Patna High Court
Rashida KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The application is disposed of as it has become infructuous following compliance with the Writ Court's order.
Summary
Rashida Khatoon filed a writ petition against the State of Bihar and several officials. The petitioner sought relief, but the Writ Court issued an order which the petitioner later claimed to have complied with. The petitioner’s counsel argued that, because the order was complied with, the pending application was no longer capable of producing any relief. The court examined the submission and noted that the defects previously identified by the office were ignored, but accepted the petitioner’s claim of compliance. Consequently, the court held that the application had become infructuous and ordered its disposal. The matter was thus concluded without further adjudication on the merits.
Issues considered
- Whether an application for relief becomes infructuous and therefore non-maintainable after the petitioner complies with the order of the Writ Court?
Subjects
- writ jurisdiction
- infructuous application
- civil procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3371 of 2019
In
Civil Writ Jurisdiction Case No.16270 of 2016
======================================================
Rashida Khatoon W/o Late Syed Ashique, Resident of Mohalla- Dargah Shah
Arjan, Police Station- Sultanganj, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Deepak Kumar the Chief Secretary,
Government of Bihar, Patna.
2. Mr. Gupteshwar Pandey, Director General of Police, Government of Bihar,
Patna.
3. Mr. Sunil Kumar, Inspector General of Police, Government of BIhar, Patna.
4. Mr. Kumar Ravi, District Magistrate, District Patna.
5. Mr. Jitendra Kumar Superintendent of Police, Patna.
6. Rakesh Roshan, Sub Divisional Magistrate, Patna City, Patna.
7. Ravin Kumar Dubey, Circle Officer, Sadar, Patna.
8. Ajay Kumar the Secretary, Roop Narain Singh Trust, Mohalla-Diwan, Patna
City, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Sheo Shankar Prasad, SC-8
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 08-01-2026 Learned counsel for the petitioner and learned counsel
appearing for the opposite parties are present.
2. The defects as pointed out by the office is ignored.
3. Learned counsel, Ms. Shivani Mishra, junior
counsel to Mr. Awadhesh Kumar Mishra, Advocate appears for
the petitioner and submits that the order of the Writ Court has
been complied with and, therefore, this application has become
infructuous. She accordingly prays that an appropriate order be
passed disposing of the present case.
Patna High Court MJC No.3371 of 2019(4) dt.08-01-2026
2/2
4. As prayed for, the present application is disposed of
as having become infructuous.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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