N. Paul Vasantha Kumar, J.

1. This matter is placed before the Full Bench on the basis of difference of opinion in terms of order of Chief Justice made on 22.04.2009 on the note of Registrar Judicial to answer the following issues:

"a. Whether or not before referring the case to the Chief Justice of the High Court, formulation of points of difference by the Division Bench is an essential statutory requirement, so that points of difference can be referred to another Judge or Judges in terms of the aforesaid Rule.

b. Whether or not on the reference made by the Chief Justice, one of the Judges composing the Bench could decline to formulate the point/s of difference in light of the provisions of Rule 36(2)."

As the legal issue alone has to be decided and having regard to the fact that the prayer sought for in the LP appeal has become infructuous due to efflux of time, which was in relation to consider the technical bit of the writ petitioner for allotment of work of construction of road from Purmandal to Panjowa via Deon (Block Purmandal) and Miran Sahib to Darsopur (Block R.S. Pura), the tender was subsequently conferred to other persons and the work has also been completed.

2. I