RAJPAL SAINI v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE SHRI JUSTICE MANOJ KUMAR GUPTA,HON'BLE MR. JUSTICE SUBHASH UPADHYAY
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2026-04-22. RAJPAL SAINI v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (PIL) NO. 54 OF 2025 ND 22 APRIL, 2026 Rajpal Saini …… Petitioner Versus State of Uttarakhand & others …… Respondents Counsel for the petitioner : Mr. Gaurav Singh, learned counsel Counsel for the respondents : Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State : Mr. Aditya Pratap Singh, learned counsel for respondent Nos. 4 and 7 : Mr. Pawan Mishra, learned counsel for respondent No. 8 The Court made the following: JUDGMENT: (per Sri Manoj Kumar Gupta, C. J. ) 1) The present Public Interest Litigation has been filed praying for a writ of mandamus commanding the respondent authorities to forthwith initiate action and stop respondent No. 8 from running flour mill in the name of V. K. Atta Chakki at Village Mohammadpur Panda, Tehsil Roorkee, District Haridwar. 2) Learned counsel appearing on behalf of respondent No. 4 i. e.
Uttarakhand Pollution Control Board states that an order under Section 31(A) of Air (Prevention and Control of Pollution) Act, 1981 has already been passed against respondent No. 8. According to him, the Atta Chakki has already been sealed. 3) As appropriate action has already been taken by respondent No. 4, therefore, no further direction is required to be issued in the instant petition. 4) As prayed by counsel for respondent No. 8, we leave it open to respondent No. 8 to challenge the order passed under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 before appropriate forum and, in case, any such challenge is made, no observation made herein would prejudice the decision in the said proceedings. 5) The writ petition stands ordered accordingly. 6) Pending application(s), if any, also stand disposed of. _______________________ MANOJ KUMAR GUPTA, C. J. _________________ SUBHASH UPADHYAY, J. ND Dt: 22 APRIL, 2026 Negi
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