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2021 Supreme(Del) 1605

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dhirubhai Naranbhai Patel, Jyoti Singh, JJ.
Shweta Singh - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 5165 of 2021
Decided On : 26-11-2021

Advocates appeared:
Satyakam, Advocate, Alka Kumar Singh, Advocate

The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.

Headnote:

Public Interest Litigation - Covid-19 Relief Measures - The court disposed of the petition as infructuous due to most reliefs being already addressed in the current pandemic situation.

Fact of the Case:

The petitioner sought various reliefs related to Covid-19 relief measures, including testing, vaccination priority, regulation of N95 masks, and access to relevant information.

Finding of the Court:

The court found that most of the reliefs sought by the petitioner had already been addressed, rendering the petition infructuous in the current pandemic situation.

Issues: The issues involved the petitioner's requests for specific Covid-19 relief measures, which the court found to be largely addressed already.

Ratio Decidendi: The court decided to dispose of the petition as infructuous due to the majority of reliefs sought being already addressed in the current pandemic situation.

Final Decision: The petition was disposed of as infructuous, with liberty granted to the petitioner to approach the court if the need arises in the future.

JUDGMENT

D.N. Patel, CJ. - Present Public Interest Litigation has been preferred seeking the following reliefs:-

    "i. May issue appropriate writ order or directions thereby

    a. Directing Respondent No.1 and 2 to make provisions for at least 1 lakh RTPCR testing everyday

    b. Direct the Government to explore the possibility of development/knowledge sharing and information on import of at home self testing kits from Countries where such kits are already in use.

    ii. Issue directions to the State that in the third phase of Covid-19 vaccination the priority should be given to citizens who on the date of application had not tested positive for Covid-19 in the past four months.

    iii. Issue directions to the Respondent No.1 and 2 to regulate the sale and quality of N95 masks completely banning any sale of faulty and fake masks. This Honble Court may further direct the Respondents to make double masking or use of N95 in all public places a mandatory requirement.

    iv. Issue directions to the State to constitute a webpage or a website on an urgent basis through which people of Delhi can easily access all relevant information with respect to Covid-19 related essential medicines, oxygen suppliers etc.

    v. Pass such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

    2. We have heard the Petitioner, who appears in person as well as learned counsel appearing on behalf of the Respondents and looked into the facts and circumstances of the case. Petitioner concedes that most of the reliefs sought stand redressed and the petition has become infructuous. Hence, we see no reason to keep the petition pending, more so, in view of the current situation of pandemic Covid-19.

    3. Accordingly, the petition is disposed of as infructuous. Liberty is, however, granted to the Petitioner to approach the Court, if and when the need so arises.

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