1 S.B.CIVIL WRIT PETITION NO.6266/2006 (Vinod Kumar Patni & ors. Vs. State of Rajasthan & ors.) Date of Order :: 24th July 2008 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Kailash Khatri for the petitioners. .... In this writ petition filed on 03.11.2006, this Court ordered issuance of notice on 06.11.2006 and interim order was passed to the effect that the respondents will not suspend the petitioners till holding of the new election of the Chairperson, Municipal Board, Suratgarh. The record shows that though process fees and notices were required to be filed by 22.11.2006, the petitioners never filed process fees and notices in this case and, therefore, the respondents were never served. It is also noticed that after 20.12.2006 this file has been dealt with by the office only on 17.06.2008! On the matter having been placed before the Court today, learned counsel submits that the writ petition has become infructuous and rather, it was rendered infructuous immediately after passing of the interim order, and hence, for bona fide mistake process fees and notices were not filed. It was definitely required of the petitioners to have filed process fees and notices in time; and then, it is further 2 noticed that this joint writ petition has been filed by 10 petitioners. Even if the petitioners are having similar cause of action, they cannot be said to be having the same cause of action. In the first round of call, upon this Court posing questions on the facts aforesaid, learned counsel prayed for time and at request, the matter was passed over to be taken in the second round of call. Leaned counsel for the petitioner has now filed additional court fees in the sum of Rs.225/-. The same be placed appropriately. The counsel regrets the mistake in not filing process fees and notices in this case. Having regard to the facts and circumstances of the case, particularly looking to the submissions made by the learned counsel, and then, looking to the facts that additional court fees has been filed on behalf of the petitioners, the cause as stated in the petition is not subsisting, and the petition has become infructuous, it appears appropriate to dispose of this writ petition. The petition is dismissed as infructuous. (DINESH MAHESHWARI),J. MK