IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4401 of 2010 1. RAMNANDAN PRASAD S/O LATE KAILASH PRASAD R/O VILLAGE- GULNI, P.S- DHAMAUL, DISTRICT- NAWADAH, AT PRESENT POSTED AS DISTRICT MASS EDUCATION OFFICER , SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT.OF BIHAR, PATNA 3. THE DIRECTOR ( ADMINISTRATOR) CUM JOINT SECRETARY HUMAN RESOURCES DEPARTMENT , GOVERNMENT OF BIHAR 4. THE DISTRICT MAGISTRATE DARBHANGA 5. SRI RAMCHANDRA MANDAL DISTRICT SUPERINTENDENT DARBHANGA, BIHAR ----------- 2. 31.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner came to this Court in CWJC No. 2008/2009 assailing his order of transfer dated 30.6.2008. The Court directed disposal of his representation dated 5.7.2008. That has been done by the impugned order dated 11.2.2010 declining interference on the ground that the order of transfer had been passed on objection of the District Magistrate with regard to unsatisfactory discharge of duties. Learned Counsel for the petitioner submits from Annexure 4 dated 26.2.2010 that in the departmental proceedings started for alleged dereliction of duties the petitioner has been exonerated. The order dated 26.2.2010 is subsequent to the impugned order. Rather than to require the respondents to file a counter affidavit keeping the matter pending when prima facie it appears that the impugned order has now become non est on facts this writ application is disposed with a direction to the Principal Secretary to pass fresh appropriate orders with regard to transfer of the petitioner when the only ground mentioned in the impugned order dated 11.2.2010 appears no more to be surviving. Let such consideration be done and appropriate orders passed within a maximum period of three weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)