1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA No. 319/2007 in Writ Petition No.5897/2004 The Municipal Council, Gondia Vs. Shri Prakash Khushal Kapse ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande And P.D. Kode, JJ. Dated : 16th March 2009. Heard Mr. Parihar, learned counsel for the appellant and Mr. Kharkate, learned counsel for the respondent. Mr. Kharkate, learned counsel for the respondent has placed on record the order dated 25.9.2008 passed by Nagar Parishad, Gondia, pursuant to which the respondent has been appointed as Sub Officer in Fire Brigade. According to learned counsel, in view of the appointment, LPA has become infructuous. Having heard learned counsel for the parties, we find no ground to interfere with the impugned order passed by the learned Single Judge. The learned Single Judge has rightly held that reversion of respondent no.1 from the post of Sub Officer in Fire Brigade to the driver was patently illegal. We find no fault with the 2 impugned order passed by the learned Single Judge. Moreover, the respondent has been promoted by the above referred order dated 25.9.2008. In view of the above, we find no merit in the LPA. LPA is rejected. There shall be no order as to costs. C.A. No. 3561/2007 In view of dismissal of LPA no.319/2007, the civil application has become infructuous, Hence, the application is disposed of as infructuous. JUDGE JUDGE Ambulkar.