IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.599 of 2007 1. Sunil Kumar Singh, son of Sri Maharana Pratap Singh, Chairman, Bihar State Cooperative Marketing Union Limited, Biscomaun Bhawan, West Gandhi Maidan, Patna @ Sunil Kr. 2. Surya Deo Mehta, son fo late Biku Singh, Managing director, Bihar State Co-operative Marketing union ltdf. Biscomaun Bhawan, West Gandhi maidan, Patna ---- Opposite Party no. 3 & 4/ Appellants. Versus 1. The State fof Bihar through its Chief Secretary, Bihar, Patna, Sri G.S. Kang 2. Bipin Bihari Srivastava, son of late B.N.P. Srivastava, Secretary-cum- Registrar, Cooperative Department, Bihar, Patna. ------ Opposite Party ----- Respondents. 3. Chandradeo Prasad Sah, son of lkate Budhdeo Sah, resident of Village Pairma, P.S. Lalganj, district- Vaishali ------ Petitioner - -- Respodnent. ----------- 6. 2.7.2009 Heard Mr. Rajesh Prasad Choudhary for the appellants, Mr. Anil Kumar Jha, learned Government Advocate no.2 for respondent nos. 1 and 2, and Mr. Abu Haider for respondent no.3. The Bihar State Co-operative Marketing Union Limited (hereinafter referred to as Biscomaun), and its functionaries have preferred this appeal against the order dated 28.8.2007, passed by a learned Single Judge of this Court in M.J.C. No. 2380 of 2005 (Chandradeo Prasad Sah Vrs. The State of Bihar & Others), whereby certain directions have been passed for non-implementation of the order of this Court. Respondent no.3 herein superannuated from the services of Biscomaun on 31.1.2003, while he was functioning as a peon. His superannuation benefits were not paid to him leading to C.W.J.C. No.9817 of 2004 (Chandradeo Prasad Sah V. The State of Bihar & Ors.), which was allowed along with analogous writ petitions, by a common order dated 23.8.2004. The entire order is reproduced hereinbelow for the facility 2 of the quick reference: “In all these writ petitions, the grievance of the petitioners relates to retiral dues/death-cum-retiral dues, which have not been redressed even after filing of the writ petition. However, having regard to the order dated 19.9.2003 disposing of several writ petitions, bearing C.W.J.C. No. 7054 of 2003 and analogous cases by common order, this Court considers it expedient to dispose of these writ petitions also in terms of the directions given in the said order with only modification that two paragraphs affidavit personally sworn by the concerned authority must be filed by 4th October, 2004. Parties will be bound by the said direction and they should proceed in the matter accordingly.” It appears that the post retirement dues were not paid to him leading to said M.J.C. No.2380 of 2005, whereby the Court gave direction for appointment of a Receiver for sale of assets of Biscomaun and payment of the proceeds to the petitioner towards satisfaction of the order in question. Learned counsel for the appellants submits on instructions that the entire post-retirement dues of the writ petitioner have since been paid. In that view of the matter, we do not wish to proceed further in the matter. The order dated 28.8.2007 has become infructuous. This appeal is accordingly disposed of. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)