IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9544 of 2008 SHABEENA PERWEEN, W/O MD.SHAKEEL AND D/O MD.MOHIUDDIN, R/O VILLAGE-BHIMPUR, P.S.- MADHEPUR, DISTRICT-MADHUBANI. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MADHUBANI. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME COORDINATOR, BIHAR EDUCATION PROJECT, MADHUBANI. 5. THE DEPUTY SUPERINTENDENT OF EDUCATION, POSTED IN THE OFFICE OF DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI. 6. THE BLOCK DEVELOPMENT OFFICER, MADHEPUR, P.S.-MADHEPUR, DISTRICT-MADHUBANI. 7. THE BLOCK EDUCATION EXTENSION OFFICER, MADHEPUR, P.S.-MADHEPUR, DISTRICT- MADHUBANI. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ BAKUA, P.S.-BHEJA, DISTRICT-MADHUBANI. 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BAKUA, P.S.-BHEJA, DISTRICT- MADHUBANI. 10. SHAISTA KHATOON, W/O MD.NAZMUL HUSSAIN, R/O VILLAGE-RAHUA SANGRAM, TOLA- ISLAMPUR, P.S.-BHEJA, DISTRICT- MADHUBANI. …………RESPONDENTS. ----------- 3 30.08.2011 Learned counsel for the petitioner submits that after filing of the writ application impugned order passed by the B.D.O. terminating services of the petitioner has been withdrawn and petitioner has been restored to his service. However, that order has been challenged by respondent no.10 in another writ application which has been disposed of 2 granting liberty to respondent no.10 to move the Appellate Authority. Accordingly, the respondent no.10 has moved the Appellate Authority which has issued notice to the petitioner. In the circumstances, learned counsel submits that this writ application has become infructuous as now petitioner has to appear before the Appellate Authority in the pending matter. The writ application is accordingly dismissed as infructuous. Petitioner may appear before the Appellate Authority in pending matter and contest the claim of respondent no.10. Arvind/ ( J.N. Singh, J.)