WPPIL/67/2020
2022 Latest Caselaw 1061 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

                     SRI JUSTICE S.K. MISHRA, A.C.J.
                                 AND
                      SRI JUSTICE R.C. KHULBE, J.

01ST APRIL, 2022

WRIT PETITION (PIL) No. 67 OF 2020

Between:

D. K. Joshi.

...Petitioner and

State of Uttarkhand and others.

...Respondents

Counsel for the petitioner. : Ms. Snigdha Tiwari and Mr. Abhijay Negi, the learned counsel.

Counsel for the respondent nos. 1 : Mr. C.S. Rawat, the learned Chief to 8. Standing Counsel with Mr. Anil Kumar Bisht, the learned Additional Chief Standing Counsel for the State of Uttarakhand.

Counsel for the respondent no. 9. : Mr. V.K. Kapruwan, the learned Standing Counsel for the Union of India.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

In this Writ Petition (PIL), the petitioner has

prayed for the following reliefs :-

i) Issue a writ, order or direction in the nature of mandamus directing Respondents to provide requisite facilities, funds to the village Gram Pradhans of Tehsil Garur, District- Bageshwar for managing quarinte facilites and handling COVID-19 postive cases.

ii) Issue a writ, order or direction in the nature of mandamus directing Respondents to provide quarantine facilities at Tehsil Level or at least at the levels of Nayay Panchayat Level in District Bageshwar.

iii) Issue a writ, order or direction in the nature of mandamus directing Respondents to conduct regular screening of the migrant villagers of Village Panchayats of Tehsil- Garur in District- Bageshwar as well as testing for those required during quarantine.

iv) To issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

v) To award the cost of the writ petition in favor of the petitioner.

2. It is apparent from the record that this PIL has

been filed to contain the spread of COVID-19 pandemic

in the first wave itself. The prayers made therein relates

to the first wave of the COVID-19 pandemic. In the

meantime, the second and third waves of the COVID-19

pandemic have come and gone. In fact, by order dated

28.03.2022, the State of Uttarakhand has already

declared that the Malls, Multiplexes and Cinema Halls in

the State shall open with full capacity.

3. In that view of the matter, none of the prayers

made in this Writ Petition (PIL) require to be attended at

present. However, we are of the view that if the

petitioner has any further grievances in case, god forbid,

the fourth wave of COVID-19 pandemic hits the State of

Uttarakhand, the petitioner shall be at liberty to file

appropriate Writ Petition.

4. With the aforesaid observations, this Writ

Petition (PIL) is disposed of.

5. In sequel thereto, all pending applications also

stand disposed of.

6. Urgent certified copy of this judgment be

granted to the learned counsel for the parties, on proper

application.

________________ S.K. MISHRA, A.C.J.

_____________ R.C. KHULBE, J.

Dt: 01st April, 2022 Rahul