IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 9188 of 2004 Suresh Vithal Gare ..Petitioner vs. 1. Maharashtra State Electricity Board & Ors. ..Respondents Shri U.P.Warunjikar for petitioner. Shri M.V.Jaikar for respondent nos. 1 and 2 Shri G.S.Godbole for respondent no.4 CORAM: A.P.SHAH AND CORAM: A.P.SHAH AND CORAM: A.P.SHAH AND S.C.DHARMADHIKARI JJ S.C.DHARMADHIKARI JJ S.C.DHARMADHIKARI JJ 25th NOVEMBER, 2004 25th NOVEMBER, 2004 25th NOVEMBER, 2004 P.C. P.C. P.C. 1. Shri Jaikar, learned Counsel appearing for respondent nos. 1 and 2, states that the Board has passed the following resolution on 11th November, 2004. "(i) To arrange auction of coal reject at Nasik immediately by following the procedure adopted in Railways for auction cum tender for disposal. The sale to be concluded only if the rate received in this case is higher than the rate payable by M/s Black Diamond Trading Co., Ahmedabad. (ii) To resubmit the proposal of M/s Black Diamond Trading Co., Ahmedabad if the rates received in auction are lower than rate payable by them." 2. In view of the above resolution, grievance of the petitioner does not survive. Hence, petition is dismissed. 3. The above order is without prejudice to the rights and contentions of respondent no.4. 4. Parties to to act on authenticated copy.