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Judgment
J. Chelameswar, C.J.—This appeal arises out of an order dated 22.10.2010 in W.P.(C) No. 31823 of 2010. By which, the learned Single Judge declined to pass an interim order as prayed for in the Writ Petition filed by the Appellant herein. The Writ Petition itself is filed with the prayers as follows:
(i) issue a writ in the nature Quo Warranto, requiring the 4th Respondent to show-cause under what legal authority he is appointed and continuing as the Secretary of the Dental Council of India;
(ii) issue a writ of mandamus or other appropriate writs, directions or orders restraining the Dental Council of India from allowing the 4th Respondent to function and discharge the duties of the Secretary of the Dental Council of India;
(iii) pass appropriate orders interdicting the 4th Respondent from functioning as the Secretary of the 2nd Respondent;
(iv) pass such other orders as may be deemed fit and proper in the circumstances of the case.
The Appellant is challenging the appointment and continuance of the 4th Respondent to a public office viz. Secretary of the Dental Council of India, a statutory body. Today, when the matter is taken up, Adv. Sri. Sreelal N. Warrier, the learned Counsel appearing for the fourth Respondent made a statement that, the fourth Respondent has already resigned from the said office by his communication dated 7th December, 2010.
In the said circumstances, we do not see any reason to proceed with the Writ Appeal. The Writ Appeal is accordingly closed as the matter having become infructuous.
In view of the resignation of the 4th Respondent, even the Writ Petition itself becomes infructuous. The same is also dismissed as infructuous.