IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1226 of 2007 Mahesh Singh, s/o late Mahadeo Singh, resident of Village Vairopur, P.S. Doriganj, District Saran at present working as Head Master in Dr. Sita Ram Prasad High School, Chanchaura, P.S. Chapra (Muffasil), Dist. Saran. -------- Petitioner Versus 1. The State of Bihar through Secretary, Human Resources Development Department, Bihar, Patna. 2. Director (Secondary Education), Bihar, Patna. 3. District Magistrate, Saran at Chapra. 4. The District Education Officer, Saran at Chapra. 5. Sri Om Kumar Singh, S/o late Dr. Sitaram Prasd, R/o Village Chanchaura, P.S. Chapra (Muffasil), Dist. Saran. ------- Respondents ----------- 2 22.7.2011 No one appears on behalf of the petitioner. Counsels for the State and respondent no.5 are present. Apparently, the two reliefs sought in this writ application either with regard to the petitioner being declared as an Acting Headmaster or the direction to the respondent no.5 for vacating the school building should no longer be the concern of the petitioner, inasmuch as, it appears that he has already reached his age of superannuation because he himself had declared his age as 56 years on the date of swearing the affidavit in support of this writ application i.e. on 24.1.2007. The petitioner, in fact, having superannuated from service during the pendency of this writ application and the 2 counsel for the petitioner being absent in this court would only go to show that this writ application has become infructuous. Therefore, this Court, by accepting the counter affidavit filed by the respondent no.5 and placing it on record, would dismiss this writ application as having become infructuous. Rsh (Mihir Kumar Jha, J.)