Jammu & Kashmir High Court
Shammi Kumar And Others vs State And Others on 1 July, 2022
Author: Rahul Bharti
Bench: Rahul Bharti
Sr.No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 377/2015
IA No. 538/2015
Shammi Kumar and others ..... Petitioners
Through: Mr. D. S. Saini, Advocate
Vs
State and others ..... Respondents
Through: Ms. Monika Thakur, Advocate vice
Mr. S. S. Nanda, Sr. AAG for R-1.
Mr. Mayank Gupta, Advocate for R- 2 to 4.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
01.07.2022 In the course of consideration of the present writ petition filed by the petitioners in a representative capacity, for which the leave was granted by the Registrar Judicial, this Court reckons that the scope of the writ petition can be well attended in case the same is treated as Public Interest Litigation. The petitioners in the present writ petition are registering their grievance against the respondents i.e., the Jammu Municipal Corporation and their employees/workers for collection and dumping of garbage, filth, rubbish and dead animals from the different parts of Jammu City and also the waste material from the different hospitals, nursing homes etc of Jammu City at the sites near the residential localities of Gole Saini, Saini Mohalla, Saini Enclave, Mohalla Panj Peer, Mohalla Baba Sehaj Nath falling with the municipal limits of Jammu Municipal Corporation and also on the river bed and banks of river 2 OWP No. 377/2015 Tawi. The petitioners are seeking to put an end to the said continuing nuisance posing danger to public health and safety.
For the purpose of effective disposal of the writ petition which may require enlargement of the scope of the reliefs sought for in the writ petition it is better in the fitness of fact and circumstances and nature of the cause attending the writ petition that the present writ petition be placed before the Hon'ble Chief Justice for treating it to be a Public Interest Litigation so as to be listed before the PIL Bench. The Registrar Judicial is directed to place the matter before the Hon'ble Chief Justice for requisite orders.
(Rahul Bharti) Judge Jammu 01.07.2022 Muneesh