Union Of India And ORS. v. Shantha Krishnamurthy

SSP wp75

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.75 OF 2003 Union of India and others

...Petitioners

vs.

Smt.Shantha Krishnamurthy

...Respondent

Mr.N.D.Sharma and Ms S.V.Bharucha for the petitioner Mr.S.P.Saxena for the respondent CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ DATED : AUGUST 24, 2017 P.C.:

The learned counsel for the respondent has placed on record a letter dated 4th March 2010 addressed by the Administrative Officer of National Film Archive of India, Ministry of Information and Broadcasting, Government of India, Law College Road, Pune-400 004, to Shri H.D.Rathod, Senior Government Advocate, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat, 2nd floor, Aaykar Bhavan, New Marine Lines, Mumbai-400 020. In the said letter, it is mentioned that the present petition may be treated as closed as the "incumbent respondent" has retired from service 31st July 2009. A copy of the said communication dated 4th March 2010 tendered by the learned counsel for the respondent is taken on record and marked `C-1' for identification.

The learned counsel for the

SSP wp75 petitioner states that he has not received any instructions from the Government of India. He has sought instructions by letter dated 23rd August 2017 seeking permission to withdraw this petition. He states that he may be granted time of two weeks as he has not received any instructions.

The National Film Archive of India, Ministry of Information and Broadcasting, Government of India, Pune has taken a decision to close the case on the ground that the respondent has superannuated as can be seen from the letter which is taken on record and marked `C-1' for identification In view of what is stated in the said letter, the petitioner cannot prosecute this petition any further. Accordingly, we dispose of this petition. Rule is discharged with no order as to costs.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)