Facts
The petitioner, Ishwar Mirjha, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 20.08.2019 passed by the Collector, District Bemetara (Respondent No. 2).
Source reference: para 2.1The petitioner further challenged the legality of proceedings adopted by the Sub Divisional Officer and Tahsildar (Respondents No. 4 and 5) regarding his removal from a post, seeking both the setting aside of the impugned order and financial compensation for the removal.
Source reference: para 2.1-2.2During the pendency of the petition, several years elapsed. At the hearing on 01.04.2026, the petitioner’s counsel submitted that due to the efflux of time and intervening developments, the cause of action had ceased to exist.
Source reference: para 3Issues
1. Whether the reliefs prayed for in the writ petition survived for adjudication in light of subsequent developments and the passage of time.
Source reference: para 3-52. Whether the petition should be dismissed as infructuous.
Source reference: para 5Law Applied
The Court applied the principle of "infructuousness" regarding writ jurisdiction.
Source reference: para 3 & 5Under this principle, when the subject matter of a petition or the relief sought loses its relevance or becomes impossible to grant due to subsequent events or the passage of time, the Court ceases to have a live interest to adjudicate and may dismiss the matter without a merit-based review.
Source reference: para 3 & 5Reasoning
The Court's reasoning was based primarily on the consensus between the parties.
Source reference: para 3-4The counsel for the petitioner explicitly stated that the original reliefs no longer survived for consideration because the cause of action had ceased to exist during the litigation's pendency.
Source reference: para 3This position was corroborated by the State’s counsel, who agreed that no effective adjudication was required under the current circumstances.
Source reference: para 4Upon reviewing the record, the Court determined that the petition had lost its efficacy and that any decision on the merits would be academic, as nothing remained for active adjudication.
Source reference: para 5Holding
The High Court held that the writ petition had been rendered infructuous due to the passage of time and subsequent developments.
The Court declined to grant the prayers for setting aside the 2019 order or awarding compensation. Accordingly, the petition was dismissed as infructuous.
Source reference: para 5Original Court PDF
Ishwar MirjhavsSTATE OF CHHATTISGARH
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