IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 4046 of 2001 (S/S) (Old No. 991 of 1997) Nar Dev Kothari S/o Abhaya Ram Kothari ...…………. Petitioner Versus Garhwal Mandal Vikas Nigam Limited and 19 others. ...…………. Respondents Mr. Subhash Upadhyaya, Advocate, present for the writ petitioner. Mr. Sandeep Kothari, Advocate, holding brief of Mr Shobhit Saharia, Advocate, present for respondent No. 1, 2, 3, 5 and 7. Mr. K.C. Tiwari, Brief Holder, present for respondent No. 4. Mr. R.P. Nautiyal, Advocate, present for respondent No. 13. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order relating to the promotion of respondent No. 7, who was allegedly junior to the petitioner. A mandamus has also been sought commanding the respondents No. 1 to 4 to restore the seniority of the petitioner, and grant him promotion retrospectively. 2 3) Learned counsel for respondent No. 7 stated that respondent No. 7, meanwhile (after writ petition is filed in the year 1997 before the Allahabad High Court) has retired from service. 4) Paragraph No. 19 of the counter affidavit filed on behalf of the respondent Garhwal Mandal Vikas Nigam shows that fresh seniority list was prepared after filing of this writ petition, to which the petitioner did not make any representation, and his seniority stands restored. 5) In view of the above development, this writ petition appears to be infructuous. Accordingly, the same is dismissed as infructuous. (Prafulla C. Pant, J.) Dt. March 05, 2011. H. Negi 3