WA 150/2008 BEFORE THE HON’BLE MR JUSTICE IA ANSARI THE HON’BLE MR JUSTICE PK MUSAHARY None has appeared on behalf of the appellant. Heard Mr. AM Barbhuiya, learned counsel for the applicant in Misc. Case No. 7 of 2012, and Mr. A Deka, learned Standing Counsel, Education Department, appearing on behalf of respondent Nos. 1, 2 and 3. Heard also Mr. AR Bhuiya, learned coun sel, for the respondent No. 4. Aggrieved by the order, dated 19-03-2004, passed by the director, Secondary Educ ation, Assam, allowing one Alimuddin Barbhuiyan, Assistant Teacher, Matijuri Hig h School, to hold the charge of the office of the Headmaster of the school under FR 49(C) in addition to his own duties, the appellant herein, namely, Abdul Noo r Laskar, filed a writ petition under Article 226 of the Constitution of India, which gave rise to WP(C) No. 2337 of 2004. By judgment and order, dated 05-05-20 08, the writ petition was dismissed. Dissatisfied with the dismissal of his writ petition, Abdul Noor Laskar preferred this writ appeal. In the meanwhile, howev er, on his own request, the appellant, Abdul Noor Laskar, has been transferred b y order, dated 14-07-2010, as Assistant Teacher, to Monacherra High School, Hail akandi. In the face of the order, dated 14-07-2010, which is not under challenge , this writ appeal has really become infructuous and shall accordingly stand dis posed of. Before parting with the record of this appeal, it is necessary to point out that an application has been made by one Nazrul Islam Borbhuiyan, Classical Teacher (Graduate) Matijuri High School, Hailakandi, seeking to be impleaded as responde nt No. 5 in the present appeal, namely, Writ Appeal No. 150 of 2008. The said ap plication has given rise to Misc. Case No. 7 of 2012. Considering the fact that the appeal has become infructuous and has not been pur sued by the appellant, we do not find any justification in the applicant’s praye r for his impleadment in the writ appeal. In the above view of the matter, Mr. Mr. AM Barbhuiya, learned counsel for the a pplicant, submits that the applicant be allowed to withdraw this application wit h liberty to make appropriate application, in future, if so advised. On hearing the learned counsel for the parties concerned and taking into account of all aspects of the matter, we dispose of the Misc. Case No. 7 of 2012 on bei ng withdrawn with liberty as has been sought for. Let a copy of the order, dated 14-07-2010, which has been produced by Mr. AM Bar bhuiya, learned counsel, who appears for the respondent No. 4, shall be kept wit h the record of the appeal.