IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1984 of 2010 1. Akhileshwar Kumar Pandey son of Late Durga Pandey, resident of Mohalla Maharani Janki Kunwar Nagar Narthara Pokhra Bettiah, P. S. and District Bettiah. 2.Satyendra Mandal son of Gagandeo Mandal, resident of Mohalla Lalgarh Chawni P.S.Shyampur Bhattha, District Sheohar… Appellants. Versus 1. The Union Of India through Assistant Divisional Engineer, Narkatiaganj East Central Railway, Narkatiaganj. 2..The Assistant Divisional Engineer, Narkatiaganj East Central Railway, Narkatiaganj. 3. The Divisional Engineer, Narkatiaganj East Central Railway, Narkatiaganj. 4. The Divisional Engineer-II, East Central Railway, Samastipur. 5. The Chief Commercial Manager, East Central Railway, Hajipur, ………………… ………………….. Respondents. ----------- 2. 11.11.2011 Heard learned counsel for the appellants and Mr. Sandip Kumar, Advocate appearing for intervener. Learned counsel for the appellants submits that the matter has become infructuous and the settlement has already been made with the 3rd party. He further raised a grievance that the order for refund as passed by the writ court in favour of appellants has not been carried out by the authorities. In view of the submissions that the matter has become infructuous, the appeal is dismissed as infructuous. The appellants will be at liberty to take recourse to appropriate proceeding for enforcement of the order of the writ court in accordance with law. Jay/ ( Shiva Kirti Singh,J) (Shivaji Pandey, J)