(1.) IT has been explained by the counsel for the Review Petitioner that WP No.11447/2009 has been dismissed. That order has not been assailed before the Hon'ble Supreme Court. Therefore, although the matter stands remanded for fresh consideration by the Apex Court technically, this dismissal would have to be recalled. The entire matter has to be heard afresh.
(2.) SRI.K.N.Phanindra, learned counsel clarifies that the reason for filing the review is that earlier the Court had indicated that the writ petition had been allowed. Although this statement is strongly disputed, counsel for the non- applicant submits that since the matter has to be heard afresh, the Review Petition has become infructuous. In view of the re-hearing, the review petition has itself become infructuous and is disposed of as such. In these circumstances, we clarify that this party shall not be bound by the observations and decision in WP No.11447/2009.