Arun Kumar Baranwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7357 of 2018 ====================================================== Arun Kumar Baranwal S/o Late Ram Lal Pandey, Village P.O.- Soura Jaber, P.S.- Dagurwa, District- Purnia.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 4.

Bihar Staff Selection Commission through its Chairman, Patna. 5.

The Secretary, Bihar Staff Selection Commission P.O.- Veterinary College, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, ADvocate Mr.Pramod Kumar Singh, Advocate For the State :

Mr.Madanjeet Kumar -GP20 For respondent No.5 :

Mr. Satyabir Bharti, Advocate For the BSSC :

Ms. Kanupriya, Advocate Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2024 Learned counsel for the petitioner and learned counsel for the respondents are present.

2. The present writ petition has been filed for quashing of the order contained in letter No. 3577 dated 19.12.2013 issued by respondent No.5 whereby a direction has been issued to recover the alleged excess payment made to the petitioner for the period from 19.08.2004 to October 2008.

3. Learned counsel for the Bihar Staff Selection Commission submits that during pendency of the writ petition,

Patna High Court CWJC No.7357 of 2018(4) dt.30-04-2024 2/2 the Bihar Staff Selection Commission has passed an order dated 22.04.2024 as contained in Memo No. 1335 on the basis of Resolution No. 3215 dated 08.03.2019 issued by the General Administration Department, Government of Bihar, Patna by which the impugned order dated 19.12.2013 contained in Memo No. 3577 has been cancelled. The said statement has been made in the counter affidavit of the Bihar Staff Selection Commission in paragraph no. 11 supported by Annexure R-4/A. Learned counsel further submits that the petitioner is no more.

4. In the light of the submissions made by the counsel for the Bihar Staff Selection Commission, this case has now become infructuous.

5. Accordingly, it is dismissed having become infructuous with liberty, if the legal heir/s and representative/s of the deceased petitioner has/have any grievance/s, he/she/they may challenge the same before the appropriate forum, in accordance with law.

(Dr. Anshuman, J) Ashwini/- U