HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 7272/2001 (M/S) (Old No. 28236/1991) Jitesh Kumar and another. …Petitioners. Versus Civil Judge/Prescribed Authority, Haridwar And others. …Respondents. Shri Narendra Bali, Advocate for the petitioners, Shri Sudhir Kumar, Brief Holder for the State, Shri Paresh Tripathi, Shri C.K. Sharma and Shri Munish Bhardwaj, Advocates for respondent nos. 2 & 3. Dated: April 2, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties and perused the record. 1. Present petition has been filed by the petitioners challenging the impugned order dated 16.09.1991 passed by the Prescribed Authority, Haridwar in P.A. Case no. 19 of 1988 ‘Devi Prasad and another vs. Avtar Singh’ by which impleadment application of the petitioners (paper no. 76c-2) was rejected. 2. This writ petition was filed before the Allahabad High Court. On 27.09.1991 an interim order was passed in the writ petition whereby further proceedings in P.A. Case No. 19 of 1988 were stayed. After formation of the State of Uttarakhand, the record of the case was also received by transfer to this High Court. Vide this Court’s order dated 16.10.2003 the writ petition was dismissed for want of prosecution and stay order was discharged. Thereafter, a restoration application was moved by the petitioners which was allowed on 25.02.2010 but interim order was 2 not restored. On 25.02.2010 this Court observed that since the matter is very old, the petition be listed in the week commencing 8th March,2010. Thereafter, this case was listed on 10th March, 2010, 18th March, 2010 and 19th March, 2010. On 19.03.2010 this Court observed in the order that since interim order was not restored and in view of this fact present status of the case was required to be seen. Accordingly, this Court directed the office to ask comments from the Prescribed Authority, Haridwar about the status of the case of P.A. Case No. 19 of 1988. The Prescribed Authority, Haridwar in her report has informed that P.A. Case no. 18 of 1988 “Devi Prasad and others vs. Sardar Atar Singh” has been dismissed and the same has been consigned to Record Room on 09.09.2009. In view of the above facts, the present writ petition has rendered infructuous. Accordingly, the writ petition is dismissed as infructuous. (V.K. Bist, J.) 02.04.2010 NCM: