M TBE HIGH GODRT 0? JtJDICATlIBS AI BILASP'OR (CHHA'rTISGAaHl !@l-i:E3'I1'ION No.JT?.J_ QE^SOQi FETITION3R :- EESPONDSNTS:- tc^-^p> ^••^:-":...--'" c--'"^'0^-- ../•• ,^\ 0-<^-" .t". 6'•••'' <^'l1"'\ \"-''1' ^^0^'"" t0<k'' (k6'-"" . -. sa>^& Tejram son of Gautam Prasad, aged about 39 years, resident of village^ Kar'-raai 5 IChamariya Panchayat, Block Tamnar, Tah: Gharghoda, Dist: Raigarh(C.G) Vs. '1. State of Chi'iattisgai'hsthrough: Secrefcary, Panchayat Department, D.K.Bhawan, Raipur (C.G). 2. Gnief Executive Officer, J'anpat Panchayat, TaBinar,Dist:PLaigarh(C. G) 3. Sub-Divisional Officer, Tah: Gnarghoda,Dist: Raigarn(C. G). 4. Sarpancfl.Ville.ge Pancnayat Khamariya, Block Tsjnnar.Tan: Ghargfloda, Dis'b;Balgar'n(C .G) G\S-^' W@Tr_PBIITIOII_msgH AHTIC&S_ 226/22^ 01?TH3 GONSTI'rgripN. PF_INDIA MGIiCOURT OF CHHATTISGARH AT BILASPUR PETITIONER RESPONDENTS WRITPETITIONNo. 5581 of 2005 Tejram. VERSUS State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OFINDIA SB: Hon'ble Shri Satish K. Aenihotri, J. Present: Smt. Anju Ahuja, Advocate for the petitioner. Shri Sushil Dubey, Govemment Advocate for the State/ respondent No. 1 and3. Shri Sandeep Dubey, Advocate for the respondent No. 2. Shri M.K.Bhaduri, Advocatefor the respondent No. 4. ORDERlCQRAL) (Passed on 20th day of January, 2011) 1. Challenge in this petition is to the interim order dated 17.10.2005 passed by fhe Sub Divisional Officer (Revenue) & Competent Officer, (for short 'the SDO') Gharghoda, District Raigarh, whereby the stay ' granted by it on 28.09.2005, was vacated. 2. The facts, in nutshell, as projected by the petitioner is that pursuant to the order dated 24.09.2005 (Annexure P/7) passed by the Gram Panchayat, Khamhariya, the petitioner, working as Panchayat Karmi, was terminated from service. The petitioner preferred an appeal before the SDO, Gharghoda. The SDO, Gharghoda, after having heard leamed counsel for the petitioner, stayed the order dated 24.09.2005 (Annexure P/7) vide its order dated 28.09.2005 till disposal of fhe appeal, pending before him. Subsequently, by order dated 17.10.2005, the stay order granted by it was vacated. Thereagainst, the present writ petition has been filed. The petitioner also challenges the termination order which was the subject matter of the appeal before the SDO, Gharghoda. UL '^ <i^ 'v.'S':f3s. K I -!;--^, t: 3. During pendency ofthis petition, the appeal has already been disposed ofby the SDO, Gharghoda on 30.11.2005. Thus, this petition has become infi-uctuous as there is no challenge to the fmal order and interim order, which is under challenge in fhis petition, has merged with the fmal order passed by the SDO, Gharghoda. 4. So far as challenge to the termination order is concemed, the same cannot be questioned in the instant petition as when the instant petition was filed challenging the interim order passed by the SDO, Gharghoda, the matter af termination was pending consideration before the same authority and for the same relief, no writ is maintainable. Thus, this petition has become infructuous. f 5. The contention ofthe petitioner that there are certain other incidental questions involved in this petition, does not merit acceptance as the same cannot be considered, as afier disposal ofthe appeal by the SDO, Gharghoda, all the questions have become academic and it is well settled law, that questions of academic nature cannot be decided for want of facts. (See Basheshar Nath v. Commissioner oflncome Tax, Delhi and Rajasthan and another ,-Dhartipakar Madan Lal Agrawal v. Rajiv Gandhi, Secretary, Ministry of Information & Boradcasting, Govt. oflndia and others v. Cricket Association ofBengal and others , State ofManipur and others v. Chandam Manihar.Singh, Amit Das v. State of Bihar and Prakash Singh Badal and another V. State of Punjab and others ). 6. For the reasons stated heremabove, the petition is dismissed. No order asto costs. Sd/- Satish K. Agnihotri Judge Amit ' AIR 1959 SC 149 2 (1987) Supp SCC 93 3 (1995)28cc 161 4 (1999) 7 SCC 503 5 (2001) 7 SCC 657 6(2007)1SCC1