IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.304 of 2003 PARMAHANSH TIWARI son of late Harihar Tiwari, resident of village- Tiwari Bhatakan, P.O. Narendrapur, P.S. Aandar, District- Siwan, at present posted as an Assistant teacher in Govt. Middle School, Zeeradei, Anchal- Hussainganj, District- Siwan….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Health and Family Welfare Department, Govt. of Bihar, New Secretariat, Patna. 3. The Commissioner and Secretary, Finance Department, Govt. of Bihar Old Secretariat, Patna. 4. The Director-in-Chief, Health Services Bihar, New Secretariat, Patna. 5. The Deputy Director, Health Services Bihar, new Secretariat, Patna. 6. The Director, Primary and Adult Education, Bihar New Secretariat, Patna. 7. The Secretary, Primary and Adult Education, Bihar New Secretariat, Patna. 8. The District Education Establishment Committee through it’s Chairman, the District Magistrate, Siwan, District- Siwan. 9. The District Superintendent of Education, Siwan, District- Siwan. 10. The Treasury Officer, Siwan, District- Siwan. 11. The Headmaster-cum- Drawing and Disbursing Officer of Govt. Middle School, Ziradei, District- Siwan. … Respondents. ----------- 3. 02.07.2010 No one appears for the petitioner. Counsel for the State is present and has placed reliance on a counter affidavit. The prayer of the petitioner in this writ petition reads as follows:- “1. That this is an application for issuance of an appropriate writ(s) , order (s), direction(s) in the nature of certiorari for quashing the order dated 16.10.2001 issued by the Deputy Director, Health Services, Bihar, Patna (respondent no. 5) vide Memo No. 14M-255/00-7763(14) dated 16.10.2001 communicated to the Distt. Superintendent of Education, Siwan (respondent no. 9) by 2 which he has rejected the claim of the petitioner’s son medical reimbursement and further a writ in the nature of mandamus may kindly be issued against the respondent authorities for release of the expenditure on the operation of the son of the petitioner of rs.1,60,000/- for operation/treatment of Cardiolagy/heart of the petitioner’s son namely Pradeep Kumar Tiwari from the Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lukhnow in accordance with Bihar Medical Attendance Rules and for other necessary relief(s) on the basis of the facts and circumstances of the case.” As with regard to the aforementioned prayer, counsel for the State has invited attention of this Court towards the statement contained in paragraph 6 of this counter affidavit and the enclosed document Annexure- A/1, an order of the Deputy Director of Health Services dated 16/10/2001 communicating the reasons for disapproval of the medical bill of the petitioner and its non-payment reading as follows: mi;qZDr fo"k;d vkids i=kkad 143@lhoku fnukads 6-2-2001 }kjk Jh ijegal fokjh lgk;d f'k{kd eè; fo|ky;] ftjknsbZ lhoku ds iq=k dh fpfdRlk ls lacaf/r izsf"kr foi=k vU; dkxtkrksa lfgr ewy esa okil djrs gq, dguk gS fd fcuk izkf/d`r fpfdRld ,oa esfMdy cksMZ dh vuq'kalk rFkk fcuk jkT; ljdkj ds iwokZuqefr ds jkT; ls ckgj lat; xka/h LukrdksRrj vk;qZfoKku laLFkku] y[kumQ esa LosPNk ls djk;h x;h fpfdRlk ,oa mlij O;; gq, jkf'k dh izfriwfrZ vuqekU; ugha jgus ds dkj.k nkos dks vLohd`r fd;k tkrk gSA 3 fofgr izfØ;k ds vuqlj.k ds i'pkr~ gh fpfdRlk ,oa izfriwfrZ fu;ekuqlkj vuqekU; gks ldsxhA Since the aforesaid order dated 16/10/2001 would give a fresh cause of action, this writ petition has become infructuous. It has to be also noted that a copy of the counter- affidavit was already served on the counsel for the petitioner on 12.12.2006 and neither he has amended the writ petition for assailing the order dated 16.10.2001 (Annexure- A/1) nor any one is present today to press this writ application. Therefore, it appears to this Court that the petitioner has either now lost his interest in the matter or has been able to again present his bill after following prescribed procedure as observed in the aforesaid order of rejection of the Deputy Director. That being so, this writ petition has become infructuous and is, accordingly, dismissed. kanchan/ (Mihir Kumar Jha, J.)