WPMS/405/2018
2021 Latest Caselaw 2213 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
         ON THE 2ND DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRITPETITION (M/S) No. 405 of 2018

BETWEEN:

Laxman Singh Lingwal.                           ...Petitioner
     (By Mr. Subhash Upadhyaya, Advocate)

AND:
State of Uttarakhand and others.            ....Respondents

     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand)


                      JUDGMENT

By means of this writ petition, petitioner has sought the following relief:

"a) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.-3 to grant permission for the movement of trucks for the removal of River Bed Material (R.B.M.) from the river for which the permission has been granted to the petitioner for the removal of R.B.M. for the purpose of channelization of the river by the District Magistrate Tehri Garhwal vide its order dated 20.01.2018."

2. Perusal of the order dated 20.01.2018 passed by District Magistrate, Tehri Garhwal reveals that River Bed Material was to be removed under River Training Policy within six months. The writ petition was filed in the year 2018. Permission to remove the R.B.M. under

River Training Policy was given by the Competent Authority on 20.01.2018.

3. In such view of the matter, the relief, as claimed in the writ petition, does not survive.

4. Accordingly, the writ petition fails and is dismissed.

5. There will be no order as to costs.

(MANOJ KUMAR TIWARI, J.) Arpan