Dilip Kumar Dutta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12461 of 2015 =========================================================== Dilip Kumar Dutta son of Late Gouri Prasad Dutta, Resident of Mohalla - Nayatola Bhikhanpur, Post Office - Bhagalpur, H.O., Police Station - Ishakchak, District - Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Commissioner, Bhagalpur Commissionary, Bhagalpur.

2. District Magistrate-Cum-Collector, Bhagalpur.

3. Additional Collector, Bhagalpur.

4. Circle Officer, Sultanganj, Bhagalpur.

5. Circle Officer, Pirpainti, Bhagalpur.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate For the Respondent/s : AC to AG =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-05-2017 By way of the present writ application the petitioner, a revenue clerk, has challenged the order dated 09.06.2015 passed by the Collector, Bhagalpur by which he has been transferred from Sultanganj to Pirpainti.

The only ground taken in the writ application for challenging the order of transfer is that the health condition of the petitioner was not taken into consideration by the Collector, Bhagalpur while issuing the transfer order.

Patna High Court CWJC No.12461 of 2015 dt.24-05-2017 2 / 2 It is contended that in an accident the petitioner has sustained severe injuries on his right lower limb for which he had to undergo surgery on two occasions and Pirpainti being a remote place inconvenience would be caused to the petitioner in getting himself treated.

Learned counsel for the State submitted that as per statement made in para 12 of the writ application, it would be evident that the petitioner has already joined at Pirpainti on 12.06.2015 and in that view of the matter, this writ application has become infructuous.

I find substance in the submission made by the learned counsel for the State. Apart from mercy appeal on ground of health, no legal ground has been taken by the petitioner in order to challenge the order of transfer.

In that view of the matter, I find no merit in this application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.05.2017 Transmission Date NA