The Union Of India v. A.K. Barbuiya

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WA No. 67 of 2014

BEFORE

THE HON'BLE MR JUSTICE DINESH MAHESHWARI,

CHIEF JUSTICE

THE HON'BLE MR JUSTICE SR SEN

01.03.2016

This writ appeal is directed against the order dated 23.05.2014 passed by the learned single Judge of this Court in WP(C)No. 218 of 2013 (A.K. Barbuiya & Ors vs. Union of India & Anr.).

The record makes out that after some initial hearings, it was admitted on behalf of the appellants on 26.11.2014 that steps were being taken to comply with the directions of the learned single Judge in the order impugned and on request, the matter was adjourned. Thereafter, on several occasions, the appellants were granted further time to do the needful.

Ultimately, on 07.12.2015, an affidavit was filed on behalf of the appellants stating compliance of the impugned order. The appellants have also stated that nothing further survives for consideration in this appeal. Other aspects of the matter need not be dilated upon as it is the specific case of the appellants that the order impugned has been complied with and nothing further is being argued on their behalf.

Though learned counsel appearing for some of the respondents (the writ petitioners) seeks to submit that the impugned order dated 23.05.2014 has not been fully complied with and only a part compliance has been made,

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but then, the question as to whether the order impugned has been fully and adequately complied with or not could always be examined in other appropriate proceedings. So far this writ appeal is concerned, when it is the specific case of the appellants themselves that the matter does not survive for consideration and nothing further is being argued on their behalf in challenge to the order impugned, the proceedings herein deserve to be closed. However, in the interest of justice, it is observed that incase of any grievance remaining as regards compliance of the order impugned and also incase of any grievance arising in future, it is always open for the respondents (writ petitioners) to take recourse of appropriate remedies in accordance with law.

With the observations foregoing, this appeal is treated as redundant and is dismissed as such. Interlocutory applications also stand disposed of.

JUDGE CHIEF JUSTICE

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