IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4578 of 2003 Manager Singh, son of Sri Lakshmi Singh, resident of village and P.O. Kanhouli, P.S. Dawuli, District- Siwan …………….. Petitioner Versus 1.The State Of Bihar through the Director, Primary Education, Department of Education, Govt. of Bihar, Patna 2.The District Education Officer, Siwan 3.The District Magistrate, Siwan 4.Sri Tej Narayan Rai, son of Late Ram Bali Rai, Vill+P.O. Kanhauli, P.S. Kanhauli, District- Siwan ………… Respondents ----------- 7. 29/06/2010 Pursuant to order dated 17.5.2010, Director, Primary Education, Government of Bihar is present in Court. He has also filed counter affidavit. A counter affidavit has also been filed on behalf of District Superintendent of Education, Madhubani. Learned counsel for the petitioner fairly accepts that in view of Annexure-Y to the counter affidavit of the Director, Primary Education, this writ application has become infructuous. After going through the said order, as contained in Annexure-Y, learned counsel for respondent no.4 submits that it is to the prejudice of respondent no.4 and he may be given liberty to challenge the same in an independent writ proceeding. The said liberty is available to - 2 - respondent no.4. So far as this writ application is concerned, it has become infructuous and the same is dismissed as such. Pradeep/ ( J. N. Singh, J.)