IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7316 of 2003 Rajnikant, Son of Sri Viswanath Prasad, Resident of Village Vishnupur, P.O. Bandha, Chapra, District Bhojpur. ------- Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The D.G. of Police-cum-I.G. of Police, Bihar, Patna. 3. D.G. Armed Police, Bihar, Patna. 4. The I.G., B.M.P., Bihar, Patna. 5. D.I.G., B.M.P., Bihar, Patna. 6. Commandant, B.M.P.-13, Darbhanga. 7. Chairman Constable Selection Board-cum, Commandant, B.M.P., Muzaffarpur. --------- Respondents ----------- 3 7.12.2009 No one appears on behalf of the petitioner. Counsel for the State is present. The dispute as with regard to measurement of height and chest of the petitioner has been raised by him by making following prayer in this writ application, namely; “1. That this is an application for issuance of an appropriate writ order or direction commanding the respondents to remeasure the height and chest of petitioner and then to appoint him as the same was measured by the Constable Selection Board as 174 CM and 81 CM respectively and the same recorded in the master chart and after which he was issued call letter (Annexure-2) but at the time of joining his height and chest were again measured by the authorities and malafidely recorded as 173 CM and 79 CM respectively.” In the opinion of this Court such grievance of the petitioner gets answered from the counter affidavit of the respondents wherein the offer has been given by the State on the basis of an order of this Court dated 3.10.2002 in C.W.J.C. No. 10220 of 2001 in which this Court had directed that if the petitioner deposits Rs. 5,000/- within 2 two weeks before the Director General cum Inspector General of Police, he shall take steps for remeasurement of the petitioner by directing an officer not below the rank of Deputy Inspector General of Police. Unfortunately, neither the petitioner nor his counsel is here before this Court to accept such offer and consequently, it must be held that the petitioner has been left with no interest for accepting such categorical fair and reasonable offer of the State as explained in its counter affidavit. That being so, this application both due to efflux of time as also conduct on the part of the petitioner has become infructuous and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)