JUDGMENT 1. - In this writ petition and the petitions mentioned in the Schedule annexed herewith, Notification Anx. 2 dated December 22, 1989 applicable from January 1, 1990 has been challenged on the ground that the provisional rate of fuel surcharge @ 20 paise per unit is excessive. As the common question involved in all the writ petitions is the same, they are decided by a common order. 2. At the commencement of the arguments the learned counsel for the non- petitioners submitted that the question of provisional rate being excessive does not survive now after the final rate being decided vide notification dated September 11, 1991 by which the rate has been fixed to be 23.68 paise per unit with reference to the Notification Annexure-2. In view of this submission the writ petitions have become infructuous. 3. The learned counsel for the petitioners do not dispute this position but submit that it may be clarified that as the payment according to the provisional rate fixed as per Notification was not made because of the stay granted by the Court, the non- petitioners may not claim any interest for the difference of amount paid and the amount to be realised in pursuance of the decision of the final rate now fixed. 4. Mr. H. P. Gupta, learned counsel for the non-petitioners submits that this point may be left open and the non-petitioners may be left at liberty to realise or not the interest for the late payment. 5. It is pertinent to note that the payment according to the provisional rate was not made because of the stay order passed by the Court in the writ petitions. The writ petitions have not been argued on merits and the Court has not given any finding about the parties filing the writ petitions being at any fault in bringing the matter to the Court. As such, it is necessary to decide this point. 6. The writ petitions are dismissed as having become infructuous. The petitioners shall not be liable to pay interest on the difference of amount between what they had paid in pursuance of the stay order passed in the writ petition and they were to pay but for the stay order of the Court.Petitions dismissed. *******