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2025 DAILYLAW 190192 (ALL)

DESH RAJ and ORS. v. U.O.I.THRU.SECY.MINISTRY OF ENVIRONMENT FOREST and CLIMATEandORS

WPIL/36340/2019 · 2025-11-24

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 36340 of 2019 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE SUBHASH VIDYARTHI, J. 1. This petition had been filed in the year 2019 seeking the following reliefs:- "i)- issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 04.10.2019 passed by O.P.No.4 as mentioned in the revenue records (Khatauni) annexed herewith as Annexure No.2 after summoning the same from the office of the O.P.No.4. ii)- issue a writ, order or direction in the nature of Mandamus thereby directing the opposite parties to directing the opposite parties to not install any electricity manufacturing plant / solid waste management unit/plant at the village Arjunpur, Nahoiya, Sidhauli, District Sitapur, over the land gata no.55. iii)- issue a writ, order or direction in the nature of Mandamus thereby directing the O.P.No.7 to not allow to dump any waste material within the limits of the aforesaid area of land gata no. 55 village Arjunpur, Nahoiya, Sidhauli, District Sitapur. " 2. The alleged order dated 04.10.2019 which is impugned is nothing but the date of entry in the revenue records in pursuance to another order which is an order of resumption dated 30.09.2019. The resumption was made and thereafter land was allocated to the Nagar Panchayat, Sidhauli for Solid Waste Management Scheme for free of cost. The resumption order specifically is not under challenge. The grievance of the petitioner is that Gata No.55 should not be used for the said purpose. 3. Learned counsel for the Nagar Panchayat, Sidhauli, Shri N.K. Dixit has placed before us a letter of the Pariyojna Prabandhan dated 11.07.2023 according to which another land has been procured by the Nagar Panchayat for solid waste management, meaning thereby, the Solid Waste Management Scheme will not be implemented at Versus Counsel for Petitioner(s) : Prince Lenin Counsel for Respondent(s) : C.S.C., A.K.Verma, A.S.G., C.S.Pandey, M.K.Dixit, Raj Kumar Singh Desh Raj And Ors. .....Petitioner(s) U.O.I.Thru.Secy.Ministry Of Environment Forest And Climateandors .....Respondent(s) the Gata in question. 4. Shri A.K. Verma, the learned counsel for the U.P. Pollution Control Board says that on inspection, no such solid waste or any exercise to manage it was found detected on the spot in question. 5. We are therefore of the view that the petition has outlived its utility especially as the resumption order is not specifically under challenge. 6. The petition is disposed of accordingly with liberty to the petitioner to pursue other remedies as far as resumption is concerned. November 24, 2025 -Amit K- WPIL No. 36340 of 2019 2 (Subhash Vidyarthi,J.) (Rajan Roy,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench