Created by Fuzzy Cloud

Patna High Court

Prof. Ashoka Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the Writ Court's order has been complied with, the petition is infructuous and is disposed.

Summary

Petitioner Prof. Ashoka Kumar Jha filed a writ petition against the State of Bihar and other officials. The petitioner’s counsel argued that the order of the Writ Court had been fully complied with, rendering the petition infructuous. The respondent side, including the Accountant General, were present. The court examined whether compliance with the earlier order made further proceedings unnecessary. Finding that the order was indeed complied with, the court held the petition to be infructuous and ordered its disposal. The application was therefore dismissed as moot.

Issues considered

  • Whether the petition becomes infructuous upon compliance with the Writ Court's order?

Subjects

  • infructuous
  • writ jurisdiction
  • compliance
  • disposal
  • civil writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4490 of 2019
                                                         In
                                 Civil Writ Jurisdiction Case No.9879 of 2019
                 ======================================================
                 Prof. Ashoka Kumar Jha S/o Late Mahendra Narayan Jha at Present, Resident
                 of Village- Rajpur, P.S. Belhar, District- Banka.

                                                                             ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri R.K. Mahajan, Principal Secretary, Higher
                 Education Department, Govt. of Bihar, Patna
           2.    Smt. Rekha Kumari W/o name not known to the petitioner at present
                 Director (Higher Education), Govt. of Bihar, Patna
           3.    Dr. Vinod Kumar Suman S/o Sri Rajendra Prasad Singh at present Director,
                 Rural Institute of Higher Studies at Birauli, P.s.- Pusa, Distt.- Samastipur
           4.    Smt. Mani K. W/o name not known to the petitioner at present Accountant
                 General, Bihar, Veer Chand Patel Marg, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Kripa Nand Jha
                 For the Opposite Party/s :   Mr.Binita Singh (Sc 28)
                 For Accountant General :     Ms. Nirvedita Nirvikar, Sr. Advocate
                                              Mr. Praveen Kumar, Advocate
                                              Mr. R. Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   05-01-2026                    Learned counsel for the petitioner submits that the

                   case has become infructuous and accordingly it may be disposed

                   of. Learned counsel for the petitioner submits that the order of

                   the Writ Court has been complied, and therefore, the case has

                   become infructuous.        He, therefore, submits that appropriate

                   order be passed disposing of the application. Learned counsel

                   for the Accountant General and learned counsel for the State of

                   Bihar are present.

                                2. Since order of the Writ Court has been complied
            Patna High Court MJC No.4490 of 2019(3) dt.05-01-2026
                                                        2/2




                      and now the case has become infructuous, it is accordingly

                      disposed of.



                                                                    (Alok Kumar Sinha, J)
sanjeev/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.