- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.1148 OF 2009 Yousuf Qasam Soradiya ... PETITIONER VERSUS The State of Maharashtra & anr. ... RESPONDENTS ----- Mrs. A.N. Ansari, Advocate for the petitioner Shri S.D. Kaldate, A.P.P. for respondents ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 2nd March, 2010. ORAL ORDER : 1. This is a petition under Article 226 of the Constitution of India, filed by the convict, praying therein to quash and set aside order dated 11.11.2005, passed by respondent No.1 and also prays that the case of the petitioner may be held to fall under category 1(b) of Guidelines dated 11.5.1992 for which 24 years imprisonment is provided. 2. In response to the notice issued to the respondents, the respondents have filed their affidavit-in-reply. Along with the - 2 - affidavit-in-reply, the respondents have annexed a copy of the order dated 22.2.2010, issued by the respondents, by which the case of the petitioner was considered afresh and the petitioner has been placed in category 1(d) in terms of the guidelines of 11.5.1992. In the light of the fact that the case of the petitioner has been considered afresh and the petitioner has been placed in a different category, the relief which the petitioner has sought for in this petition has been rendered infructuous in the light of the subsequent order. We, therefore, dismiss the petition, giving liberty to the petitioner to challenge the order dated 22.2.2010, if the petitioner so desires. 3. Writ Petition is accordingly dismissed with the aforesaid liberty with no order as to costs. [ SHRIHARI P. DAVARE, J.] [ P.V. HARDAS, J.] fmp/cri1148.09