Lakshmi Prasad Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14940 of 2006 ===========================================================

1. Lakshmi Prasad Yadav S/o late Adhik Lal Yadav, resident of village and P .S. Maranga, District Purnea

2. Chandradip Prasad Singh S/o late Ram Khelwan Singh, resident of village and P.S. Daniawan, District Patna

3. Dinesh Chandra Prasad Gupta, S/o late Sita Ram Prasad, resident of Mohalla Krishna Toli, Road No.4, P.O. Brahmpura, PS MIT Muzaffarpur, District Muzaffarpur

4. Kamla Kant Singh S/o late Sita Ram Singh, resident of vilalgte Awadhpura, P.S. Chapra Muffasil, District Saran

5. Arjun Prasad S/o late Birju Saw, resident of village Khusrupur, District Patna

6. Md. Badruddin, S/o late Md. Salahuddin, resident of village Harthu, P .S. Islampur, District Nalanda

7. Ambika Singh S/o late Shyam Narayan Singh resident of village- Ranipur, P.S. Paliganj, District Patna

8. Kailash Prasad S/o late Parsadi Singh, resident of village Mustafapur, P .S. Islamdpur, District Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat Building, Patna

2. The Commissioner- cum- Secretary to Govt. in the department of Road Construction, Visheshwaraia Bhawan, Belley Road, Patna

3. The Deputy Secretary to Govt. in the department of Road Construction, Visheshwaraia Bhawan, Belley Road, Patna

4. The Joint Secretary to Govt. in the department of Road Construction, Visheshwaraia Bhawan, Belley Road, Patna

5. The Under Secretary to Govt. in the department of Road Construction, Visheshwaraia Bhawan, Belley Road, Patna

6. The Engineer-in-Chief-cum-Special Secretary in the department of Road Construction, Visheshwaraia Bhawan, Belley Road, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Sudhir Kumar, AC to AAG 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-08-2015 The writ application is required to be dismissed now because the issue only remains academic as all these petitioners have superannuated. In addition to that, even though there was an

Patna High Court CWJC No.14940 of 2006 dt.07-08-2015 2/2 observation made in a contempt order that if the petitioners want, they can agitate the matter in a fresh writ application, the fact that the previous exercise was also done by the government on the basis of the order passed in the earlier writ application of the petitioners. After the exercise was completed and notification had been issued granting promotion then they pull out another notification that some of the juniors have been granted promotion on an earlier date. In all probability, even juniors would have retired by now. Therefore, the Court will not waste its judicial time on an adjudication which has no meaning.

Writ is dismissed.

(Ajay Kumar Tripathi, J) sk U