IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.77 of 1997 SIDHESHWAR CHOUDHARY, Assistant Circle Officer, Mokamah, Patna son of Sri Sukar Choudhary, resident of village- Jamali Chak, P.O.- Dumrama, via- Deep Nagar, District – Nalanda, at present residing in the house of Ram Pratap Choudhary, Laljee Tola, Patna. …… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Patna. … Respondents. ----------- 5. 11.05.2011 Mr. Ajit Kumar, learned counsel for the petitioner would submit that during the pendency of this writ application a fresh tentative gradation list had been issued by the Collector of Patna for the clerk of Collectorate of Patna in the month of January 2008 inviting objections from the concerned affected persons by 27.3.2008. He would also submit that the petitioner had also filed his objection to the said tentative gradation list but the same has not yet been finalized. As this aspect of the matter being a subsequent event, was not brought to the notice of the State Counsel, he is not in a position to say as to whether final gradation list as indicated in the tentative gradation list had been made or not. Mr. Ajit Kumar would submit that he has 2 instruction to say that such tentative gradation list has not been finalized as yet and therefore the petitioner can be given liberty to file an exhaustive representation in continuation of the earlier objection filed for considering the issue of his seniority. In view of the fact that now the respondents themselves have intended to revise the seniority list, this writ application involving the same issue of seniority has become infructuous and it is, accordingly, dismissed with a liberty to the petitioner to file his exhaustive representation against the tentative gradation list of the Assistant of Collectorate, Patna which will be taken into consideration by way of its being addendum to the earlier objection filed by the petitioner. It is, however, made clear that if the tentative seniority list has been finalized on 25.3.2008 or even thereafter after considering the objection of the petitioner already filed, the filing of fresh addendum representation will not lead to once again revising the seniority list, so finalized. kanchan ( Mihir Kumar Jha, J.) 3