IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.225 of 2007 THE SECRETARY,BIHAR SCHOOL EXAMINATION BOARD Versus SUNITA KUMARI & ORS ----------- For the appellant : Mr.Lalit Kishore, Senior Advocate Mr. Satyabir Bharti, Advocate For the respondents- : M/s. Siyaram Shahi & Mr. Ram Sevak No.1 & 2 Choudhary, Advocates ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 19th September, 2008 Mr. Lalit Kishore, Additional Advocate General-III, submits that in view of the decision of the Bihar School Examination Board dated 15th May, 2007, as a matter of fact, no decision by the Single Judge on merits of the matter was needed as the respondent nos. 1 and 2 ( original writ petitioners) were entitled to relief under the said order of Bihar School Examination Board. 2. In view of the statement made by the Additional Advocate General that the grievance of the petitioners ( respondent nos.1 & 2 herein) have been redressed by the afore-referred order issued by the Bihar School Examination Board, Mr. Siya Ram Shahi, counsel for the respondent nos. 1 and 2 ( original writ petitioners) prays for withdrawal of the writ petition. - 2 - 3. We, accordingly, dispose of this appeal by the following order: (i) Writ petition filed by the present respondent nos. 1 and 2 is allowed to be withdrawn. (ii) Upon withdrawal of the writ petition, the order dated 22nd January, 2007 passed by the Single Judge is rendered ineffective. (iii) Since the writ petition has been withdrawn by the petitioners and the order dated 22nd January, 2007 impugned in the present appeal has been rendered ineffective, nothing remains to be decided in this appeal and it is dismissed as infructuous. (iv) This disposes of an application for condonation of delay (I.A.No.1721/2007) as well. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil