IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1929 (M/S) of 2007 Ather Khan S/o Asgar Khan, R/o Village Sikhroda, Pargana and Tehsil- Bhagwanpur, District Haridwar. ………..Petitioner. Vs. District Panchayat Raj Officer, Haridwar, District Haridwar and others. ………….Respondents. Hon’ble B.S. Verma, J. There is no representation on behalf of the petitioner. Heard Sri K.P. Upadhyay, learned Additional C.S.C. for the respondent Nos. 1 to 3. The present writ petition has been filed by the petitioner with a following prayer:- (1) issue a writ, order or direction in the nature of certiorari quashing order/letter dated 8-1-2007 passed by respondent No. 2 (Contained as annexure No.7) to this writ petition. (2) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent Nos. 1 and 2 to give the charge of the village to the petitioner along with financial and administrative powers in the absence village Pradhan. (3) Pass any such other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. (4) Award the cost of the petition to the petition. The respondent No.2 i.e. Block Development Officer, Bhagwanpur Haridwar, District Haridwar wrote a letter dated 8-1-2007 to the respondent No. 1- District Panchayat Raj Officer, Haridwar, District Haridwar to seek direction to handed over the charge to Up-Pradhan on the ground that the Village Pradhan had gone to abroad on Haj Yatra during that period. The Court has granted an interim order on 17-1-2007, which reads as under:- “Heard Sri Manish Arora, learned counsel for the petitioner. Admit. Learned standing counsel accepts notice on behalf of the respondent Nos. 1, 2 and 3 who prays for and is granted four weeks’ time to file the counter affidavit. Issue notice to the respondent No. 4 returnable an early date. List this case in the week commencing 12th February 2007. Till the next date of listing, operation of the order dated 8-1- 2007 passed by the respondent No. 2-Block Development Officer, Bhagwanpur Haridwar, District Haridwar shall remain stayed. Further, the respondent No.1- District Panchayat Raj Officer, Haridwar is directed to hand over the charge of Village Pradhan to the Up-Pradhan in absence of Village Pradhan if the Village Pradhan is out of country for a long time.” A Short counter affidavit has been filed on behalf of the respondent Nos. 1 to 3 and it has been stated in paragraph No. 7 to the short counter affidavit that now the respondent No. 4 has returned back form Haj Yatra on 29-1-2007 and he has resumed his charge as Pradhan. Since, the respondent No. 4 has already resumed his charge hence now, the case of action does not survive. With the above facts, the writ petition is herby dismissed. All pending applications stands disposed of accordingly. (B.S. Verma, J) Dated:- 10-6-2008 M.K.