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Manipur High Court

Phurailatpam Vivekananda Sharma vs State Of Manipur & 4 Others on 11 September, 2023

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

         Digitally
                                                                                 Item - 36-37
         signed by
KABORA   KABORAMBA
MBAM     M LARSON              IN THE HIGH COURT OF MANIPUR
         Date:
LARSON   2023.09.11                      AT IMPHAL
         17:32:56
         +05'30'

                                        W.P.(C) No. 613 of 2023


                       Phurailatpam Vivekananda Sharma
                                                                              ....Petitioner/s
                                                     - Versus -

                       State of Manipur & 4 Others
                                                                            ...Respondent/s

                                     With W.P.(C) No. 289 of 2023

                                          BEFORE
                         HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
                                                     ORDER

11.09.2023 [1] Present Mr. Ng. Jotindra, learned counsel for the petitioner in W.P.(C) No.613 of 2023; Mr. M. Hemchandra, learned senior counsel assisted by Mr. L. Sevananda Sharma, learned counsel for the petitioner in W.P.(C) No.289 of 2023 and respondent No.5 in W.P.(C) No.613 of 2023; Mr. M. Rarry, learned Special counsel for respondent Nos.1 to 4; and Mr. A. Romenkumar, learned counsel for respondent No.6 in W.P.(C) No.289 of 2023.

[2] During the course of hearing, Mr. M. Rarry, learned Special counsel produced an order dated 29.08.2023 issued by Deputy Secretary (DP), Government of Manipur superseding the order dated 28.8.2023 issued by the same office. It is also mentioned that the order dated 2 28.08.2023 is under challenge in W.P.(C) No.613 of 2023 and vide order dated 31.08.2023, an interim order was passed suspending the effect of the order dated 28.08.2023 till passing of an effective order for the interim relief.

[3] Mr. M. Rarry, learned Special counsel as well as Mr. M. Hemchandra, learned senior counsel submit that the interim order dated 31.08.2023 has become infructuous in view of the subsequent order dated 29.08.2023 superseding the earlier order dated 28.08.2023 and submit that the Writ Petition being W.P.(C) No.613 of 2023 has become infructuous.

[4] Mr. Ng. Jotindra, learned counsel for the petitioner submits that the prayer for consideration of the petitioner's appointment as Regular Director in the Department Of Environment And Climate Change, Manipur is not infructuous.

[5] Mr. M. Rarry, learned Special counsel is directed to file an affidavit for placing on record of the subsequent order dated 29.08.2023. [6] Mr. Ng. Jotindra, learned counsel for the petitioner in W.P.(C) No.613 of 2023 submits that he received a Caveat filed by the private respondent No.5 with respect to the subsequent order dated 29.08.2023 and submits that he is filing a fresh writ petition challenging the order dated 29.08.2023 on various grounds.

3

[7] Accordingly, list these cases on 18th September, 2023 along with the fresh writ petition to be filed by the petitioner in W.P.(C) No.613 of 2023. The petitioner in W.P.(C) No.289 of 2023 is directed to file rejoinder affidavit on or before the next date.

JUDGE

- Larson