IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11596 of 2005 KALYAN KUMAR SARAN, SON OF LATE MAHADEV SARAN, RESIDENT OF MOHALLA PURNEA COURT STATION ROAD, P.O. TOWN AND DISTRICT PURNEA……………………PETITIONER. Versus 1. EAST CENTRAL RAILWAY THROUGH ITS GENERAL MANAGER, HAJIPUR (BIHAR). 2. DIVISIONAL RAILWAY MANAGER, SAMASTIPUR, DIVISION, SAMASTIPUR (BIHAR). 3. DIVISIONAL RAILWAY MANAGER (COMMERCIAL), SAMASTIPUR DIVISION, SAMASTIPUR. 4. STATION MASTER, PURNEA COURT RAILWAY STATION, PURNEA. 5. PARVEZ ALAM, SON OF MOHD. SAEED, RESIDENT OF MOHALLA RAMBAG, PURNEA, DISTRICT PURNEA……………………………………….....RESPONDENTS. For the petitioner : M/s Rajendra Narain, Anju Narain and Umesh Kumar Roy, Advocates. For the Railway : Mr. Mahesh Prasad, Advocate. For private respondent : Mr.Sabbir Ahmad, Advocate. ---------------------------------- 04/ 02.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) Issuance of a writ including a writ in the nature of writ of Certiorari quashing the order passed by the Divisional Railway Manager (Commercial) Samastipur (respondent no. 3) and communicated through letter no.C/407/Vikri Abhikarta/Pilot Project dated 16.08.2005 modified/corrected through letter no.C/407/Vikri Abhikarta/Pilot Project dated 22.8.05 (Annexure-4 series) saying that the respondent no.5 has been selected as an agent for sale of railway tickets for Purnea Court Station on Commission basis and he was asked to deposit a sum of Rs.89,000/- in the office of the Purnea Court Station Master as security and to inform the details of deposit and appear with a non- judicial stamp of Rs.13.50 before the - 2 - letter issuing authority within a week for completing the formalities for giving charge of sale of tickets on commission basis for Purnea Court Railway Station to the said respondent no.5. The respondent no.5 has not fulfilled the conditions contained in the advertisement (Annexure-1). (ii) Issuance of a writ in the nature of writ of mandamus commanding the respondent railway authorities to allot the said work of sale of railway tickets on commission basis for Purnea Court Railway Station to the petitioner who has fulfilled all the conditions of advertisement and is admittedly a better candidate than the respondent no.5 who has been illegally allotted the work in an arbitrary and discriminatory manner showing open favouritism to him. 3. Learned counsel for the respondents submits that the said project of 2005 was for one year only and the said period has expired in 2006 itself and hence this case has become infructuous. 4. Considering the facts and circumstances of the case as well as the averments made by learned counsel for the parties, it transpires that this writ petition has become infructuous. Accordingly, this writ petition is dismissed. Harish (S.N. Hussain, J.)