IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.616 of 2001 MAHANTH HARENDRA GIRI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. M.N. Parbat For respondent no.2 : Mr. Ambuj Nayan Choubey For respondent no.5 : Mr. Roy Shivajee Nath Senior Advocate O R D E R 6. 16.9.2008. Writ petitioner-appellant, aggrieved by the order dated 3.7.2001 passed by a learned Single Judge in C.W.J.C.No.7219 of 2001 dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. In view of the order, which we propose to pass in this appeal, it is inexpedient to give in detail the facts of the case. Suffice it to say that the writ petitioner-appellant claims to be chela of Late Mahanth Jagdisha Nand Giri and aggrieved by the order of appointment of Respondent No.5 Laxmana Nand Giri as temporary trustee of Khajuatti Math, Magdh Vishva Vidyalaya, Bodh Gaya had preferred the writ application. It is common ground that during the pendency of the appeal, said Laxmana Nand Giri has been removed as the trustee and in his place, Mahanth Krishna Shankar Giri has been appointed as the trustee of the Math. - 2 - In view of this development taking place during the pendency of the appeal, we are of the opinion that the appeal has become infructuous. Writ petitioner-appellant, if so advised, may assail the appointment of Mahanth Krishna Shankar Giri in an appropriate proceeding in which all the contentions raised in the present appeal, shall be available to him. Appeal stands dismissed with the observation aforesaid. (C.K. Prasad) (Dr.Ravi Ranjan) ahk