Chhattisgarh High Court

Writ petition rendered infructuous upon cessation of cause of action due to efflux of time.

Ishwar Mirjha vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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 2.1

The 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 2.1-2.2

During 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 3
02

Issues

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 3-5

2. Whether the petition should be dismissed as infructuous.

Source reference: para 5
03

Law Applied

The Court applied the principle of "infructuousness" regarding writ jurisdiction.

Source reference: para 3 & 5

Under 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 & 5
04

Reasoning

The Court's reasoning was based primarily on the consensus between the parties.

Source reference: para 3-4

The 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 3

This position was corroborated by the State’s counsel, who agreed that no effective adjudication was required under the current circumstances.

Source reference: para 4

Upon 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 5
05

Holding

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 5
Chhattisgarh High Court

Original Court PDF

Ishwar MirjhavsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 01, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment