A.M. Sapre, J.@mdashPerused the application (IA No. 12353/2010). This is an application made by the respondents for dismissal of the appeal as having rendered infructuous. The writ petition out of which this appeal arises was filed by the appellant against an order dt. 15.04.2010 whereby he was transferred from Government Upper Primary School, Bamnor, Dhorimanna to the office of Block Elementary Education Officer, Panchayat Samiti, Balotra. This order was upheld by the learned Single Judge by passing the impugned order.
2. During the pendency of this appeal, the respondents (State) recalled the order dt. 15.04.2010 impugned in the writ by passing another order dt. 19.07.2010 (Annex. R/1). It is on this basis, the respondents now contends that the cause of action to prosecute the writ petition and now this appeal has come to an end because the order dt. 15.04.2010 which was sought to be challenged by the appellant in the writ petition and now in this appeal has already been withdrawn by subsequent order dt. 19.07.2010. We also find on perusal of the order dt. 19.07.2010 (placed on record as Annex. R/1) that the order dt. 15.04.2010 that was sought to be impugned by the appellant (writ petitioner) has been withdrawn as is clear hereinbelow:-
3. We have perused the entire record of the case including the aforementioned two orders and we are of the opinion that the writ petition so also this writ appeal have rendered infructuous.
4. Accordingly and in the light of the aforementioned discussion, we allow the application (IA No. 12353/2010) under consideration and in consequence dismiss the appeal as having rendered infructuous. However, since the counsel for the parties have not attended the matter and hence, in the interest of justice, we make it clear that in case of any grievance relating to this matter remaining, it would be open for the parties to make appropriate application in accordance with law.
