IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.136 of 2007 1. The State of Bihar 2. The Commissioner cum Secretary, Road Construction Department, Govt. of Bihar Patna 3. The Chief Engineer, Central Design Organization Road Construction Department, Bihar Patna 4. The Superintending Engineer, High way Planning & Investigation Circle, Road Construction Department, Patna 15 5. The Technical Advisor of Superintending Engineer, High way Planning & Investigation Circle, Road Construction Department, Patna Respondents- appellants Versus Akhila Nand Singh S/o Later Keshwar Singh resident of village Ismailpur PO Bhawar Sikaria PS Korawana (Kerauna) Dist. Jehanabad At present employee of High way Planning & Investigation Circle, Road Construction Department, Central Design Organization Building Vishweshwariya Bhawan, Bailey Road Patna 15 Petitioner- Respondent -------- 09/ 13.08.2010 Heard learned counsel for the appellants and learned counsel appearing for the private respondent. The order under appeal is a short order whereby the writ court did not decide any issue as to whether the provisional promotion to the writ petitioner granted on 28.02.2004 was valid or not or whether cancellation of lien of the writ petitioner with effect from 03.01.1989 was proper or not. The writ court simply directed to the competent authority to grant appropriate posting to the petitioner in the light of the order dated 28.02.2004. The order of the writ court could not be given effect to because of stay order passed in this appeal and today learned counsel for the writ petitioner who is respondent herein has informed this court that the writ petitioner has already superannuated from service. In view of such subsequent development, no issue relating - 2 - to posting of the writ petitioner can survive. Hence this appeal as well as writ petition are now found to be infructous. The appeal is disposed of accordingly. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) shahid