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Patna High CourtCWJC/12252/2018dismissed

Suresh Yadav v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12252 of 2018 ====================================================== Suresh Yadav Son of Sunder Yadav, Resident of Village- Menaha, Khadipur, Ward No.16, P.O.- Sattar Panchgachhiya, P.S.- Bihra, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4.

The Additional Secretary, Rural Development Department, Government of Bihar, Patna.

5.

The District Magistrate, Saharsa, District- Saharsa. 6.

Smt. Sweta, Wife of Sri Gautam Krishna, Presently transferred and posted as Rural Development Officer, Sattar Kataiya, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anita Kumari, Advocate For the Respondent/s :

Mr.Anjani Kumar -AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 Petitioner has prayed for the following relief: "For issuance of an appropriate writ in the nature of CERTIORARI for quashing the Notification dated 12.06.2018 issued under the signature of the Respondent no. 4 and contained in his memo no. 374412 dated 12.06.2018, so far it relates to transfer of the Respondent no. 6 from the post of Rural Development Officer Ismilepur in the District of Bhagalpur and her posting as Rural Development Officer, Sattar Kataiya in the District of Saharsa is concerned, on the ground that if the Respondent no.

Patna High Court CWJC No.12252 of 2018(2) dt.06-01-2020 2/2 6 was transferred from Sattar Kataiya Block on 16.10.2015 on the direction of Election Commission of India because her continuity as the Rural Development Officer, Sattar Kataiya would have adversely affected the purity of election in Mahishi Asembly Constituency, her impugned transfer and posting at Sattar Kataiya before the Parliamentary Election, 2018 is an attempt of the Respondents to influence the voters in support of a political party in Parliamentary Election from which the husband of the Respondent no. 6 had contested Assembly Election, 2015."

Learned counsel for the petitioner submits that the present petition has become infructuous with the passage of time, and as such, no order is required to be passed. The present petition stands dismissed as having rendered infructuous.

(Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U