Court No. - 34
Case :- WRIT - A No. - 47786 of 2004 Petitioner :- Sushil Kumar Gulati Respondent :- Nagar Palika Parishad Saharanpur And Others Counsel for Petitioner :- Ajit Kumar Singh Counsel for Respondent :- C.S.C.,C K Parekh Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel and Sri C. K. Parekh, Advocate are present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus directing the District Magistrate and Officer-in-charge/ Sub Divisional Magistrate, Saharanpur not to interfere into the working of the petitioner for Officiating as Office Superintendent in Nagar Palika Parishad, Saharanpur till regular posting made by the Director Local Body.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent District Magistrate and the Officer-in- charge/ Sub Divisional Magistrate, not to interfere into day to day working of Nagar Palika Parishad, Saharanpur in pursuance to the Government order dated 28.4.1997 (Annexure No.4 to the writ petition)
(iii) issue a writ, order or direction in the nature of mandamus directing the Director Local Body to post immediately Officer-in- charge in Nagar Palika Parishad and till such posting the petitioner be allowed to function."
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 20.12.2018
Manish Himwan