JUDGMENT
1. List revised.
2. None present on behalf of the petitioners.
3. Learned Standing Counsel present.
4. This petition was filed by Arun Prakash and P.K. Misra, the then Additional Chief Judicial Magistrate, Northern Railways, Aligarh and Allahabad respectively, against the Chairman, Railway Board, and other Railway authorities, praying for issuing a writ in the nature of mandamus directing the aforesaid, authorities to issue Card Pass First Class 'A' of Indian Railway and also other privileges passes and PTOs as admissible under law and as provided in Schedules I and II of the Rules and also to quash orders dated 12.4.1993 and 28.1.1998 (Annexure Nos. 9 and 10 respectively).
5. By means of the aforesaid impugned orders the request of the petitioners for issuing Card Pass First Class 'A' along with family members was refused.
6. The Division Bench of this Court earlier passed order by means of interim order dated August 16, 1993, which reads :-
''Heard Sri Sandeep Mookerjee, learned counsel for the petitioners and Sri B. B. Paul, learned counsel representing the respondents, at length and in detail.
On 28th May, 1993, while entertaining the petition, this court directed the respondents to issue to the petitioners card pass First Class 'A' of Indian Railways as prescribed Schedule I of the Pass Manual.
The Court is informed that the said order has not been complied with hitherto. Not only this, the passes already issued to the petitioners are not being renewed. It is unfortunate.
From the material before the court, specially annexures 'RA-1 and 'RA 2' appended to the rejoinder-affidavit sworn by Sri P.K. Misra, the petitoiner No. 2, the court finds that two Railway Magistrates of Moradabad and Bareilly, namely, Sri N. S. Rawat and Sri Sanjai Harkauli, were issued First Class 'A' passes, and that the question of issuing First-Class 'A' passes to the Railway Magistrates, in general, is under consideration of the Railway Board, on the recommendation of the General Manager of Northern Railway, as is evident from Annexure 'II' to the petition. It, therefore, appears expedient that the petitioners should also be given First Class 'A' passes during the pendency of the writ petition.
The Court, therefore, commands the respondents to issue First Class 'A' passes to the petitioners forthwith, and keep on renewing the passes unit' ordered otherwise."
7. Against aforesaid order Chairman Railway Board filed Civil Appeal No.7071 of 1993 -Chairman Railway Board and Ors. v. Arun Prakash and Anr., which has been decided by the Apex Court vide judgement and order dated 3.9.2002, which reads :-
"Mr. S. Wasim A. Qadri, learned counsel appearing for the appellants states that the. Railway Board has already issued instruction, for giving First Class passes to the Railway Magistrates which do no entitle them to carry their families when they are on duty. In that view of the matter, the dispute does not survive.
The appeal stands disposed of. Since none appears for the respondents, there shall be no order as to costs. "
8. In view of the above, we find that the controversy raised in the petition stands finally adjudicated by the Apex Court and petitioners have already received the relief claimed. No cause of action survive.
9. In view of the above, writ petition stands disposed of finally in the light of the Supreme Court Judgment.
10. No order as to costs.