CIVIL WRIT JURISDICTION CASE No.10609 OF 1999 In the matter of an application under Article 226 of the Constitution of India. --------- M/S RIGA SUGAR COMPANY LTD,RIGA, A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT THROUGH ITS PRESIDENT SHRI B.N. PANDEY S/O LATE MATHURA PANDEY, R/O RIGA SUGAR MILL COLONY RIGA, DISTT- SITAMARHI-------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE CANE COMMISSIONER, GOVT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, SITAMARHI 4. THE SUPERINTENDENT OF POLICE SITAMARHI 5. CANE OFFICER, MUZAFFARPUR------ RESPONDENTS. --------- For The Petitioner :Mr. Y.V.Giri,Sr.Advocate & Mr.TEJ BAHADUR ROY, Advocate For The Respondent :(SC5) -------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.K.Tripathi,J The present writ application was filed way back in the year 1999 because the vital interest of the private limited company was affected by action of large number of persons running unlicensed kolhus and crushers. The grievance of the petitioner was that under the Sugar Cane Act the District Magistrate and the Sub-Divisional Magistrates are Ex-officio Cane Officers under section 13(2) of the Act and they have the requisite authority and power to inspect and take follow up action vested in them under section 13(3) (d) of the Act. Since the statutory authority had failed in their duty more so in the district of Sitamarhi they had to invoke the extraordinary jurisdiction of the High Court by filing the application under Article 226 of the Constitution of India. At the time of admission of the writ application certain directions had been issued to the State authority. Thereafter - 2 - the writ application was admitted and was pending for almost a decade. Looking at the interim direction as well as the issue which was raised at the threshold, this Court is of the opinion that no further direction may be required in this case any further. If the petitioner has any grievance based on the current state of affairs then not only the doors of the statutory authority but even of the Court is open for him to approach. In so far as the present writ application is concerned, it is declared to having become infructuous in absence of fresh material available in this regard. (Ajay Kumar Tripathi,J.) Patna High Court, Patna Dated the 18th November, 2008 NAFR/RPS/Sr.Secy.