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2022 Supreme(UK) 217

VIPIN SANGHI, R.C.KHULBE
Shree Shaandar Industry Private Limited – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. K.H. Gupta, Ms. Pallavi Bahuguna, Mr. Rafat Munir Ali and Ms. Irum Zeba, Adv.
For the Respondent: Mr. Anil Bisht, Adv.

JUDGMENT :

Vipin Sanghi, J.

The present special appeals are directed against the common order dated 19.07.2022 passed by the learned Single Judge in a batch of writ-petitions including Writ-Petition (M/S) No.1026 of 2021, “Gitanshi Polychem Private Ltd. Vs. State of Uttarakhand & Anr.” whereby the learned Single Judge has dismissed all the writ-petitions wherein the writ-petitioners had sought a direction to the respondents to allow them to manufacture, store, carry, transport in order to export their products i.e. disposable utensils of plastic and kitchenware outside the State of Uttarakhand and in the international market where it is allowed to be used.

2. The petitioners also sought the quashing of the Government notification dated 16.02.2021 issued by the State Government in exercise of the powers conferred by Section 3(1) of the Uttarakhand Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013.

3. The learned Single Judge referred to the order passed by us in WPPIL No.93 of 2022 by placing reliance on the impugned notification dated 16.02.2021. The learned Single Judge observed that it is no more in dispute that plastic and polythene both are majo

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