SCA/4420/1997 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4420 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= ARUNKUMAR CHHAGANLAL CHAUDHARY - Petitioner(s) Versus I A CHAUHAN & 4 - Respondent(s) ========================================================= Appearance : MR TS NANAVATI for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1, MS ARCHNA RAVAL, ASST. GOVERNMENT PLEADER for Respondent(s) : 2 - 3. MR BB NAIK for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/10/2006 ORAL JUDGMENT 1.By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an SCA/4420/1997 2/3 JUDGMENT appropriate writ, direction and/or order directing the respondent No.1 to implement in its true letter and spirit fully and effectively implementation and execution of the order of transfer dated 6.5.1997 passed by the respondent No.2 and of the movement order dated 8.6.1997 issued by the respondent No.1 and the respondent No.1 be permanently restrained from disturbing the petitioner from performing his duties as R.F.O. Netrang. 2.It appears from the record that by a detailed speaking order dated 29.7.1997, the learned Single Judge of this Court vacated the ad-interim relief granted earlier and thereafter, approximately 9 years have passed and therefore, the order of transfer must have been implemented. Shri T.S.Nanavati, learned advocate appearing for the petitioner has submitted that he has no further instructions from the petitioner. However, considering the above and considering the interim order passed by the learned Single Judge of this Court dated 29.7.1997 vacating the interim relief, by passage of time, the present Special Civil Application has become infructuous. Under the circumstances, this petition is dismissed as having become infructuous. However, it SCA/4420/1997 3/3 JUDGMENT will be open for the petitioner to move an appropriate application for the revival of the present Special Civil Application in case of difficulty and/or if cause still survives. 3.Rule is discharged. However, there shall be no order as to costs. [M.R.SHAH, J.] kdc