2025:UHC:3003-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 61 of 2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. Mr. Jitendra Chaudhary, learned counsel for the appellant. 2. Mr. Sushil Vashisth, learned Standing Counsel for the State of Uttarakhand. 3. This intra court appeal is directed against the judgment and order dated 11.12.2015 passed by learned Single Judge in WPMS No. 3104 of 2015. By the said judgment, challenge thrown by the appellant to Rule 8(2) of Uttaranchal Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005 was repelled and the writ petition was dismissed. 4. Today when the matter is heard, Mr. Jitendra Chaudhary, learned counsel appearing for the appellant, submits that 2005 Rules, which was challenged before the writ petition, have been repealed and now new set of Rules on the subject were enforced in 2021. Thus, he submits that the challenge thrown to Rule 8(2) of the 2005 Rules do not survive any longer and the appeal has become infructuous. 5. In view of the statement made by learned counsel for the appellant, the appeal is dismissed as infructuous. However, appellant shall be at liberty to challenge the analogous provision, if any, in the 2021 Rules. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 24.04.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea3 0f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A 58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.25 10:07:47 -07'00' 2025:UHC:3003-DB