IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.191 of 2010 1. SOMAN BHAGAT S/O KANTLAL BHAGAT R/O VILL.- BANAULI, P.S. SIMRI, DISTT.- DARBHANGA 2. RAJESH PASWAN S/O SUKHO PASWAN R/O VILL.- BANAULI, P.S. SIMRI, DISTT.- DARBHANGA 3. FARHANA KHATOON @ FARANA KHATOON W/O GULAM MAHBOOB R/O VILL.- BANAULI, P.S. SIMRI, DISTT.- DARBHANGA 4. RINTU RAJ SRIVASTAVA S/O LATE RAMAUTAR PRASAD R/O VILL.- BANAULI, P.S. SIMRI, DISTT.- DARBHANGA 5. BIJAY PASWAN S/O LATE KESHWAR PASWAN R/O VILL.- BANAULI, P.S. SIMRI, DISTT.- DARBHANGA. … Respondent 7 to 11- Appelllants. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, RURAL DEVELOPMENT DEPTT., BIHAR PATNA 2. THE DISTRICT MAGISTRATE CUM COLLECTOR, DARBHANGA 3. THE ADDITIONAL COLLECTOR, DARBHANGA 4. THE CIRCLE OFFICER, SINGHWARA ANCHAL, DISTT.- DARBHANGA 5. THE CIRCLE OFFICER, BAHADURPUR ANCHAL, DARBHANGA 6. THE RAJASWA KARAMCHARI (REVENUE KARAMCHARI), SIGHWARA ANCHAL, DISTT.- DARBHANGA. … respondent… respondent 1st party 7. SHIV NARAYAN THAKUR S/O LATE TAPESHWAR THAKUR R/O VILL.- JALWAR, P.O.- KAMRAULI, P.S.- SIMRI, DISTT.- DARBHANGA AT PRESENT POSTED AS HEADMASTER, MITHILA MITHILESH SANSKRIT PARATHMIC SAH UCHAYA VIDYALAYA JALWAR, P.O.- KAMRAULI, P.S. SIMRI, DISTT.- DARBHANGA. Writ petitioner. Respondent 2nd party ……. For the appellant : Mr. Ambrish Kumar Jha, Adv, For the respondents : Mrs. Nilu Agarwal, G. A. 10 : Mr. Durga Nand Jha, Adv. ----------- 4. 13.04.2010 Heard Mr. Binit Kumar, learned counsel for 2 the appellants, Mrs. Nilu Agarwal, learned Government Advocate- X for respondents no. 1 to 6 and Mr. Durga Nand Jha, learned counsel for respondent no. 7. In this intra-court appeal, the challenge is to the order dated 10.12.2009 passed by learned single Judge in C.W.J.C. No. 17279 of 2009 whereby learned single Judge after hearing the learned counsel for the writ petitioner and learned counsel for the State directed as follows:- “…. The district administration and the Circle Officer, Singhwara is further directed to take steps for smooth organization of the market by the petitioner with effect from 16.12.2009 and onwards by restraining the private respondent nos. 7 to 11 from organizing parallel market at nearby place in accordance with law…” It is submitted by Mr. Binit Kumar, learned counsel for the appellants that an adverse order was passed against the present appellants without notice to them. Said position is not disputed by Mrs. Nilu Agarwal, learned counsel for the State and Mr. Durga Nand Jha, learned counsel for respondent no.7 who was the writ petitioner. However, Mr. Jha submitted that the present appellants have no right to hold a parallel market at the 3 nearby place inasmuch as respondent no. 7 is holding a government market. In course of hearing, we have been apprised that the period of auction for holding the market in favour of respondent no. 7 has expired on 31st March 2010. In view of the aforesaid, nothing survives in this appeal. However, if the appellants are running a parallel market contrary to the provisions of law, it is open to the Collector of the District to take appropriate action, as advised in law. If any order has been passed against them, it is also open to them to file an independent writ petition. As the grant in favour of respondent no. 7 who was the writ petitioner is over, the order passed by learned single Judge would not be an impediment for adjudication of a fresh writ petition, if filed by the present appellants by putting forth the legal right in their own capacity. The appeal is accordingly disposed of. Kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.) 4