01Facts
The petitioner filed a Public Interest Litigation concerning alleged illegal extraction and storage of sand in Chhattisgarh.
¶ 2He sought directions to restrain mine-lease holders and sand-storage permit holders from extracting sand beyond their allotted areas, verify the quantity of sand available in the relevant khasra numbers, scrutinize and compare transit passes, seize vehicles allegedly used for unauthorized extraction, and inquire into alleged improper levy of fines and charges in overloading cases.
¶ 2The petition was heard by the Division Bench comprising the Chief Justice and another Judge.
¶ 3During hearing, the petitioner’s counsel submitted that the petition had become infructuous.
¶ 302Issues
i.Whether the Public Interest Litigation seeking directions against alleged illegal sand extraction, irregularities in transit passes, seizure of vehicles, and inquiry into alleged improper charges had become infructuous.
¶ 2–3ii.Whether any further relief or directions were required from the Court in view of the petitioner’s submission that the petition had become infructuous.
¶ 3–403Law Applied
The Court applied the procedural principle that a writ petition which has become infructuous does not require adjudication on the merits and may be dismissed accordingly.
¶ 3–4No specific statutory provision or judicial precedent was cited or relied upon in the order; the decision was based on the petitioner’s statement that the reliefs sought no longer survived for consideration.
¶ 3–404Reasoning
The reliefs claimed in the petition related to supervision and enforcement against alleged unauthorized sand extraction and related administrative irregularities.
¶ 2However, the petitioner’s counsel expressly informed the Court that the petition had become infructuous.
¶ 3In the absence of any surviving controversy requiring adjudication, the Court declined to examine the allegations or issue the requested administrative and enforcement directions.
¶ 4The petition was therefore disposed of on the ground of infructuousness rather than on the merits.
¶ 405Holding
The Court accepted the petitioner’s submission that the Public Interest Litigation had become infructuous and dismissed WPPIL No. 93 of 2022 accordingly.
¶ 4No directions were issued regarding sand extraction, transit-pass verification, vehicle seizure, or inquiry into alleged improper fines and charges.
¶ 4Original Court PDF
RAMBILAS JAISWALvsSTATE OF CHHATTISGARH
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