IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8954 of 2003 ARUN KUMAR SINHA s/o Sri Sita Ram Prasad Singh resident of village Sarkathi, P.O. Jalalpur, P.S. Kashichak, Distt. Nawadah at present posted as Assistant Teacher in Primary School, Lodipur Anchal Pakriwarawan, Distt. Nawadah. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Nawadah. 3. The District Superintendent of Education, Nawadah. 4. The Treasury Officer, Nawadah. 5. The Block Education Extension Officer, Warsaliganj (East), Distt. Nawadah. ----------- 3 3.9.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “That the petitioner prays for issuance of a writ in the nature of mandamus commanding and directing the respondents concern to pay the due salary of the petitioner since July 2000 to October 2000 and December 2000 to March 2001 which has not been paid to the petitioner due to posting in a school against additional units as well as in pretext of non availability of allotment of previous financial years despite the fact that out of available allotment pick and choose policy is being adopted on the basis of sweet will of the respondents as also any other order/ orders direction/ directions, writ/ writs for granting any other relief/ reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.” As with regard to the aforementioned prayer the respondents in their counter affidavit have clearly asserted that payment of salary for the said period have been made to the petitioner by the concerned Drawing and Disbursing Officer and the same is sought to be substantiated by a document, namely, acquaintance roll (Annexure-B). Copy of such counter affidavit 2 having been served on counsel for the petitioner way back on 9.8.2006 when there is also no denial to the same, this Court must hold that as the payment has already been made to the petitioner. This writ application has thus become infructuous and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)