- (1.) This application has been filed by the petitioners on 24th November, 1999 stating that since the grievances of the writ petitioners stood redressed by communications addressed to the petitioners by the Railways Board on 11th december, 1998, 15th December, 1998 and 14th January, 1999, the petitioners would like to withdraw the writ petition, as it had in effect been rendered infructuous.
(2.) The prayers in the writ petition read thus, "A) declare the Railway Protection Force (Amendment) Act, 1985, particularly the provisions of section 15 (A) and section 17 of the R. P. F. Act of 1957 as ultra vires article 35 of the Constitution. b) issue a writ of mandamus or a writ, order or direction in the nature of mandamus directing the respondents, their subordinates, agents and servants to forbear from enforcing the provisions of the section 15 (A) and Section 17 of the amended R. P. F. Act, 1957;"
(3.) Mr. Krishnan Venugopal, learned counsel appearing for the petitioners submits that he has instructions to state that the petitioners give up the challenge to the vires of certain provisions of the railway Protection Force (Amendment) act, 1985, in general and, in particular, of the provisions of Sections 15 (A) and 17 of the said Act. He, therefore, submits that in so far as prayers ' (a) and (b) ' are concerned, those may be treated as not pressed and since the petitioners have already been granted relief out of Court, there is nothing else which may now require adjudication by this Court. We record the statement of the learned counsel and allowing his prayer dismiss the writ petition as withdrawn. The petitioners shall, however, pay Rs. 10,000/- as costs.;