IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13247 of 2007 Sunil Kumar, son of late Rajendra Mahto, resident of Village Dangar, Madanpur, P.S. Parsauni, Distt. Sitamarhi. ------- Petitioner Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna. 3. The Inspector General of Police, Home Guard, Bihar, Patna. 4. The Divisional Commandant, Home Guard, Bihar, Patna. 5. The Commandant, Home Guard, Bihar, Patna. 6. The District Magistrate, Sitamarhi. 7. The District Commandant, Home Guard, Sitamarhi. 8. The District Commandant, Home Guard, Gaya. --------- Respondents ----------- 2 8.4.2011 Learned counsel for the petitioner, referring to paragraph no.5 of the counter affidavit, would seek permission to withdraw this application. Paragraph no.5 of the counter affidavit reads as follows:- “5. That it is most humbly stated that the petitioner Sunil Kumar is elder son of Late Rajendra Mahto and after following the government rules and directions he has been given compassionate appointment on Class IV post as Jhadookash in the pay scale of Rs. 2550-55-2660-60- 3200/- and has been asked be present at the Head Quarter of Bihar Home Guard, Patna on 5.2.2008 with all the original educational and other certificate vide Force Order No. 66/2008 dated 25.1.2008.” Counsel for the State has got no objection to such withdrawal of this writ 2 application. In that view of the matter, since the petitioner has already been appointed on compassionate ground, this application must be held to have become infructuous. Accordingly, this application is dismissed, as having become infructuous. Rsh (Mihir Kumar Jha, J.)