- (1.) MR . Sinha, learned Senior Counsel appearing for the respondent, submits that the order of the learned Single Judge under challenge in this appeal has since been implemented in as much as the respondent is being supplied coal based on the linkage facility available to him. Mr. Mehta learned counsel appearing for the appellants does not dispute this factual assertion of Mr. Sinha and submits that since 28th June, 2001 the supply of coal is being made to the respondent based on the linkage order which forms the subject matter of the controversy in the present appeal.
(2.) WHETHER the respondent/writ petitioner was under an obligation to lift the coal within a period of twelve months or not and whether he was prevented from doing so because of the delay caused in the inspection of the unit by the District Industries Centre, Rohtas are issues which could have been considered and debated in this appeal had the appellants not implemented the judgment of the learned Single Judge. Actually, we are not very sure whether the delay in carrying out the inspection by the District Industries Centre, Rohtas could have been negatived as a ground for refusal by the appellants, because the order dated 13.12.1999 itself does suggest that the supply of the coal by the linked coal companies would be made on the basis of annual counselling recommendation for the concerned sponsoring authority. Any how, we do not feel any necessity to go into this question because of the admitted fact that the judgment of the learned Single Judge has actually been implemented. In the facts and circumstances of this case, the implementation of the judgment of the learned Single Judge has rendered this appeal infructuous. We, therefore, without deciding any question involved in this appeal, dispose of this appeal as having become infructuous on the basis of the observations made hereinabove. All the issues raised in this appeal and all the questions of law are left open to be decided in some other appropriate case.
(3.) THE appeal is disposed of. No order as to costs.;