IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8352 of 1997 BHUPENDRA KUMAR, son of Sri Chhatish Kumar, resident of village- Sonbarsa, P S. Sonbarsa, District Bhagalpur, at present posted as an Assistant in the Agriculture Department, Bihar, Patna. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, the Department of Personnel and Administrative Reforms, Bihar, Patna. 3. The Joint Secretary, to the Govt. Department of Personnel and Administrative Reforms, (Joint Cadre), Bihar, Patna. 4. The Chairman, Bihar Public Service Commission, 15- Bailey Road, Patna. … Respondents. ----------- 4. 18.05.2011 Counsel for the petitioner would submit that cause of action for which this writ application was filed has now become academic, if not infructuous inasmuch as there has been a fresh seniority list issued by the respondents wherein again the petitioner has been shown much below to his entitlement. He has, accordingly, prayed for withdrawing this writ application with a liberty to take remedial action against the new gradation list. That being so, as this writ application has become infructuous, the same is dismissed as withdrawn, as prayed for. It goes without saying that the writ petitioner will definitely have liberty to assail the new 2 gradation list strictly in accordance with law. kanchan (Mihir Kumar Jha, J.)