IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7159 of 2005 1. MD.NASEERUDDIN, SON OF LATE MD. NAZIRUDDIN, RESIDENT OF VILLAGE – SAHARSA BASTI, WARD NO. 23, P.S. AND DISTRICT – SAHARSA. 2. MD. ALI AHMAD, SON OF MOTIUR RAHMAN, RESIDENT OF MOHALLA – R.BLOCK, ROAD NO. 5, QUARTER NO. 18, BEHIND R. BLOCK ROAD NO. 5, PATNA. ……….. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. SECRETARY, BIHAR VIDHAN SABHA, BIHAR, PATNA. 3. SUB-ORDINATE SECRETARY, BIHAR VIDHAN SABHA, BIHAR, PATNA. 4. SECRETARY, JHARKHAND VIDHAN SABHA, JHARKHAND, RANCHI, STATE OF JHARKHAND. 5. THE STATE OF JHARKHAND, RANCHI. ………… RESPONDENTS. For the Petitioners : - Mr. Shardanand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the State : - Mr. Pushkar Narain Shahi, AAG-14 Mr. Mritunjay Kumar, AC to AAG-14 For Bihar Vidhan Sabha : - Mr. D.K. Sinha, Sr. Advocate Mr. Narendra Kumar Jha, Advocate For Jharkhand Vidhan Sabha : - Mr. Dhruba Mukherjee, Advocate ----------- 05/ 12.05.2011 Two petitioners jointly filed this application for directing the Secretary, Bihar Vidhan Sabha, Bihar, Patna to consider their case for promotion in Grade III and to issue letter of promotion as it has been done in cases of other candidates, who were declared pass in the qualifying examination. Both the petitioners were allocated to Jharkhand State and they have joined Jharkhand Vidhan Sabha. In para 16 of the writ application, it has been admitted that the promotion letter dated 14.3.2005 was issued subsequent to the joining of petitioner no. 2. Now 2 petitioner no. 1 has also joined at Jharkhand State. The writ application has become infructuous and the claim of the petitioners not maintainable. The petitioners are allowed to withdraw this application, with a liberty to file their writ application before the Jharkhand State. This application is, accordingly, dismissed as withdrawn. DKS/ (Mridula Mishra, J.)