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2025 DAILYLAW 8490 (UTT)

SUJATA AHUJA v. THE STATE OF UTTARAKHAND

WPMS/1826/2023 · 2025-09-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8340 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1826/2023 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shubhang Dobhal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Lalit Miglani, learned counsel for the respondent-Nagar Nigam Roorkee. 4. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue, Writ, Order, or direction in the nature of Mandamus respondent no. 3 i.e. Nagar Nigam to the effect that it shall remove all the existing garbage dumped in the street of Jamun Road area of Civil Lines, Roorkee to any suitable place in accordance with the provisions contained in the Municipal Solid Waste (Management and Handling) Rule, 2016. (ii) Issue Writ or Order in the nature of mandamus commanding the respondents to consider the claim of the petitioner for restraining people (John Doe) from dumping their garbage, opposite to petitioner’s house, in the street of Jamun Road area of Civil Lines, Roorkee and be further direct the respondent no. 3 to arrange for proper door- to-door collection of waste in in the street of Jamun Road area of Civil Lines, Roorkee. 4. Mr. Lalit Miglani, learned counsel for Nagar Nigam Roorkee submits that area has been cleaned and now trees have been planted over the said land, thus he submits that writ petition has become infructuous. 5. Mr. Shubhang Dobhal, learned 2025:UHC:8340 counsel appearing for the petitioner concedes that after cleaning of the area and after plantation of trees, the relief as claimed in the writ petition do not survive. 6. In view of the statement so made, the writ petition is dismissed as infructuous. (Manoj Kumar Tiwari, J) 18.09.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726 FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.18 06:11:42 -07'00'