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Judgment
These appeals have been filed against an order passed by the learned single Judge on 24th of December 2007 in writ petition No. 1387 of 2007 granting an interim order in terms of prayer [f] of the writ petition for a period of three weeks after reopening or until further orders, whichever is earlier. Thereafter the matter has been directed to be listed before the regular Bench on 22nd January 2008.
Yesterday, a mentioning was made of all these appeals so that the same can be heard today. In view of the request made by the learned Counsel for the appeals, this Bench had directed that the appeals be set down for hearing today.
Today, when the matter was taken up for hearing, Mr. Ashok Banerjee as well as Mr. Kalyan Bandopadhyay, learned Senior counsel appearing for the respondent/writ petitioners herein have made a statement that they have instructions from their clients to withdraw the writ petition. It is also submitted that the writ petition is to come up for hearing tomorrow i.e. on 9th of January 2008.
Learned Sr. counsel appearing for the appellants have expressed some apprehension about the intention of the petitioners in withdrawing the writ petition. It is submitted by the learned Counsel for the appellants that in the writ petition the writ petitioners have already enjoyed the benefit of the interim order for the past ten days. Persons similarly situated as the writ petitioners may in future take advantage of the interim order dated 24th of December 2007.
We have considered the entire matter. We are of the considered opinion that these appeals can be disposed of at this stage without remanding the matter back to the learned single Judge again. In our opinion, the apprehension expressed by the learned Counsel for the appellants are wholly misplaced. Since the respondents/writ petitioners have unequivocally withdrawn the writ petition, there is no question of the interim order being taken advantage of or abused either by the writ petitioners or by any other person. Naturally when the writ petition is being withdrawn, all interim orders therein would also stand vacated, and can have no further legal effect.
In view of the above, the writ petition is dismissed for non prosecution. The interim order dated 24th December 2007 stands vacated. Accordingly, all the applications along with the appeals stand dismissed as infructuous.
All parties are to act on a xerox signed copy of this order on the usual undertaking.