IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3244 of 2008 Ajay Kumar Ambastha (aged about 43 years) son of Dr. Arvind Narayan Ambastha, resident of Village-Mahna, Police Station- Barauni (Refinery O.P.) District-Begusarai. Presently practicing as an Advocate, Chamber No. 38 (Bihar Bar Council Bhawan) Patna High Court ……….Petitioner. Versus 1. The State of Bihar (Through the Chief Secretary Bihar,Patna). 2. The Home Secretary, Bihar, Patna. 3. The Director General of Police-cum-Inspector General of Police, Bihar, Patna. 4. DIG, Tirhut Range, Muzaffarpur. 5. Bihar Police Men's Association Central Office, New Police Line, Patna-1. 6. Sri Jitendra Narayan Singh, President. 7. Sri Arvind Kumar Yadav (Secretary- General) 8. Sri Shambhu Mandal (Treasurer). Respondent No. 6 to 8, are Office- Bearers of Bihar Police Men's Association, Central Office, Navin Arakshi Kendra, Patna- 800001. …………………Respondents. For the petititioner :- Ms. Sudha Ambastha, Advocate. Miss Nikki Singh, Advocate. For the State :- Mr. Ajeet Kumar, JC to A 9 For Respondent No. 6 to 8 :- Md. Khurshid Alam, Advocate. ----------- 17. 04. 02. 2011. Heard the parties. This writ application was filed by way of Public Interest Litigation in the month of February, 2008, demanding suitable orders for action from the respondents to ensure that office bearers of Bihar Police Men's Association did not sit idle without doing any official work and they are not permitted to create nuisance and disturbance in the functioning of the senior officers. The petitioner 2 wants Office Bearers of the Association to devote their non-office hours only for welfare measures of the Association, while performing their official duties as a police man. 2. To entertain the writ petition as Public Interest Litigation, bonafide of the petitioner was tested by this Court asking him to deposit a sum of Rs. 25,000/- as per order dated 30th July, 2008. That amount was deposited by the then petitioner Sanjeet Ambastha. Thereafter, the writ petition has remained pending on the request of the State for filing a detailed counter affidavit. 3. It appears that Sanjeet Ambastha got selected to Judicial Service and on his prayer he was substituted by an Advocate of this Court, Mr. Ajay Kumar Ambasta. As would appear from the last order dated 8th December, 2010, four weeks' time was granted to the counsel for the petitioner to take steps for substituting him with a public spirited person or Advocate because of death of Shri Ajay Kumar Ambastha. 4. Today, Ms. Sudha Ahmbastha, learned Advocate for the petitioner submits that she does 3 not want to substitute herself as the petitioner and she has not found any one fit for substitution. In that view of the matter, the writ petition is reduced to one without any petitioner. 5. Learned counsel for the State submits that as the situation existed prior to the filing of the writ petition, some Office Bearers might have been avoiding to perform their official duties and there may have been some incidents of interference with the work of higher officers, but now the situation has improved and there is no such report from any District. He submits that filing of the writ petition had its effect and public interest has been served. 6. In view of the facts noted above, particularly when there is no person as petitioner in this case, the writ petition is finally disposed of. 7. Ms. Sudha Ambastha, learned counsel for the petitioner will be at liberty to withdraw Rs. 25,000/- deposited in the Registry of the Court on behalf of Sanjeet Kumar Ambastha, who is said to be younger brother of Sudha Ambastha, Advocate. The money should be refunded on filing of an application without any delay. It is expected that 4 State Authorities, particularly, the Director General of Police shall ensure that office bearers of Police Men's Association follow the work ethics and perform their official duty as police men even during their tenure and do not indulge in any unwanted activity like interference with official duties of senior police officers. m.p ( Shiva Kirti Singh, J.) (Gopal Prasad, J.)