IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6458 of 2001 DHIRENDRA KUMAR MISHRA & ORS Versus THE STATE OF BIHAR & ORS ----------- 6 27/2/2009 Heard counsel for the petitioners and also the learned Advocate General No.3 on behalf of the State. Reference may be made to the order of this Court dated 23.1.2009. In pursuance thereof Mr. Abhay Kumar Singh, District Magistrate, Khagaria, Dr. Kamal Kishore Singh, the Superintendent of Police, Khagaria and Mr. Rajendra Prasad, Sub.Divisional Officer, Khagaria being respondent nos. 2, 4 and 5 are personally present, whereas, respondent no. 3, the Inspector General of Police, Bhagalpur is sought to be represented by Mr. Kumud Kumar Varma, D.I.G. Bhagalpur on the plea that the present incumbent, I.G. of Police, Bhagalpur is on leave. Mr. Lalit Kishore, learned A.A.G.3 at the out set would submit that counter affidavit in this case has already been prepared sworn and affidavited on 19.7.2001 but some how the same could not be filed on account of some difficulty in 2 the office of the concerned Law officer. Therefore, it is submitted that respondent nos. 2 to 6, strictly speaking, are not at fault for not filing of the counter affidavit within the prescribed time limit in order of this court dated 21.6.2001. Considering the aforementioned explanation this Court drop the proceedings against Respondent 2 to 6 as directed in the order of this court dated 23.1.2009. Counsel for the petitioners in view of the stand taken in the counter affidavit admits that after the order of this Court dated 21.6.2001, the possession of land in question has been restored to the petitioners and the lis for which this writ application was filed, no longer survives. Recording this submission of the counsel for the petitioners, this application is dismissed as having become infructuous. The personal appearance of respondent nos. 2 to 6 is also dispensed with. (Mihir Kumar Jha, J) Abhay Kumar 3