IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2710 of 1996 Bharat Narain Mishra, son of late Khaki Baba, Resident of Bishwamitra Ashram, Charitravan, Police Station Buxar Town, District Buxar. ------- Petitioner Versus 1. State of Bihar. 2. Chancellor of Universities of Bihar. 3. Vice-Chancellor, Vir Kunwar Singh University, Arrah. 4. Principal, Maharshi Vishwamitra College, Buxar, District Buxar. -------- Respondents ----------- 8 28.6.2011 No one appears on behalf of the petitioner. Counsel for the Respondent No.4 is present. The fate of this writ application was dependent on the result of the Second Appeal No. 260 of 1996. Learned counsel for the Respondent No.4 in this Court has submitted that Second Appeal No. 260 of 1996 has been allowed in favour of the respondent no.4 and against the petitioner in whose favour the trial court had passed the decree which was affirmed by the lower appellate court before being reverted by this Court in S.A. 260 o0f 1996 dismissing the suit itself. That being so, the claim of the petitioner for his being either absorbed in the college, in question, or the consequential benefit, stands already answered against him in view of interparte 2 judgment in aforesaid Second Appeal No. 260 of 1996. That apart, the petitioner could not have been allowed to pursue two parallel remedies and, therefore, this writ application, during pendency of the civil litigation started at his initiative, was itself not maintainable as no litigant can change the course of his judicial remedy in the midstream having choosen one of the two forums the one of the forum already opted. The petitioner, having filed a civil suit, had to abide by the result of the second appeal, which had already been filed by the respondent no.4 and thus filing of the present writ application, during the pendency of the second appeal, was itself misconceived. Be that as it may, now when the matter stands concluded by the judgment of the second appeal in favour of the respondent no.4, the absence of the petitioner and/or his counsel would itself suggest that this writ application has become infructuous. It is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)