1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.CIVIL SPECIAL APPEAL No.08/2010 [HAKEEM KHAN VS. MANA RAM & ORS.] Date of order : 06.12.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.Kuldeep Mathur for the appellant. Mr.IS Pareek GA Mr.Pradeep Shah for the respondents ***** This is an intra court appeal filed by the writ petitioner of W.P.No. 8428 of 2009 under Article 226 of Constitution of India against an order dt. 15.12.2009 passed by Single Judge in aforementioned writ petition. By the impugned order, the learned Single Judge allowed the writ petition and set aside the order dated 25.02.2009, impugned in the writ petition and which was upheld by the Tribunal by the writ petitioner was unsuccessfully before the Tribunal. So the question that arises for consideration in this special appeal is whether the learned Single Judge was justified in allowing the writ petition and in consequence justified in setting aside the order passed by the Tribunal, thereby justified in setting aside the order dated 25.02.2009 impugned before the Tribunal and then before the writ court. Having heard learned counsel for the parties and on perusal of the record of the case, in our view the proceedings out of which the intra court appeal has arises before us and has now rendered infructuous as would be clear from the facts stated in intra court appeal. 2 The challenge in the case out of which this intra court appeal arises was essentially to the order of transfer by which writ petitioner (here respondent No.1) was transferred to a place called “Modra” from a place called “Bheenmal” on the post of Patwari by the order dated 25.02.2009. It is this order which was set aside by the learned Single Judge by passing impunged order though upheld by the Tribunal. The order passed by the learned Single Judge was stayed by this court in this appeal by order dated 08.01.2010. It continuous to be in force. It is brought to our notice that the original order of transfer which was sought to be impugned before the Tribunal and then in the writ petition i.e. dated 25.02.2009 has since been withdrawn by the concerning authorities of the State and the writ petitioner has now been transferred to a new place called “Bhagal Bheem”. It is not in dispute that pursuant to the new order of transfer, the writ petitioner has also joined at newly transferred place on 20.08.2010. In the light of these subsequent events, which are taken note of supra the writ petition out of which this intra court appeal arises has become infructuous. Accordingly and in view of the above discussion the intra court appeal fails and is dismissed as having rendered infructuous because the writ petition out of which this appeal arises has become infructuous due to withdrawal of transfer. [KAILASH CHANDRA JOSHI], J. [A.M.SAPRE], J. MAMTA