HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI,
NUPUR BHATI
MUSHARAFF ALI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 6384 / 2022
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[2026:RJ-JD:22636-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 6384/2022
1. Musharaff Ali S/o Hanif, aged about 32 Years.
2. Salim S/o Sahabdeen, aged about 40 Years.
3. Shoukin S/o Noor Mohd., aged about 32 Years.
4. Sultandeen S/o Sher Mohd., aged about 50 Years.
(All are residents of Ward No.37, Nohar, District
Hanumangarh.)
----Petitioners
Versus
1. State Of Rajasthan, through the Principal Secretary, Local
Self Department, Government Of Rajasthan, Jaipur.
2. The District Collector, Hanumangarh.
3. Municipal Board, Nohar, through its Executive Officer.
----Respondents
For Petitioner(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Ayush Gehlot for
Mr. Rajesh Panwar, Sr. Adv. & AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/05/2026
1. The instant writ petition, instituted in the nature of a Public
Interest Litigation, has been preferred by the petitioners under Rule
385-A of the Rajasthan High Court Rules, 1952 read with Article
226 of the Constitution of India, seeking following reliefs:-
"(A) This Public Interest Litigation may kindly be allowed
and by a writ, order or direction, the respondents may be
directed to get Ward No. 37 of Nohar Town cleaned and
action may be taken for dumping of garbage, filth and
dead animals at a place other than Ward No. 37 of Nohar
Town.
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(B) The respondents be further directed to take sufficient
measures and ensure that dead animals are not dropped
in Ward No. 37.
(C) any other writ or direction that may be deemed fit,
just and proper in the facts and circumstances of the case
may kindly be issued in favour of the petitioners.
(D) Costs may kindly be awarded."
2. Learned counsel for the petitioners submits that solid waste
generated within the Nohra Town is being collected and disposed
of at Khasra No.204, which is causing serious hygiene and
environmental issues for the residents of the adjoining areas. It is
further submitted that despite repeated assurances, the
respondents have neither identified an alternate site nor complied
with the provisions of the Solid Waste Management Rules, 2016
and the prescribed standards for disposal of the waste in question.
3. Learned counsel appearing for the respondents, relying upon
the reply filed, submits that the solid waste generated within
Nohar Town, is presently being collected and disposed of at Khasra
No.204, which is a municipal owned land earmarked as a dumping
yard under the Master Plan. He further submits that in view of
objections raised regarding disposal of waste at the said site,
alternative arrangements are now being developed. The Municipal
Board has identified an alternative and suitable parcel of land
situated at Dhani Charnanan, comprising of Khasra Nos.79 and
843, admeasuring 11.19 bighas in total, which has been reserved
exclusively for the purpose of solid waste management.
3.1. It is further submitted that processing and disposal of
approximately 32,857 cubic meters of legacy waste accumulated
within the municipal limits is being undertaken in accordance with
the Solid Waste Management Rules, 2016 and the standards
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prescribed thereunder. It is also submitted that the Waste
Processing Plant at the newly identified site, i.e., Dhani
Charnanan, comprising Khasra Nos.79 and 843, is in the process
of establishment and is likely to be completed by December, 2026.
4. Heard learned counsel for the parties and perused the
material available on record.
5. From the submissions made by learned for the respondents,
this Court notes that Ward No.37 is situated near Khasra No.204,
which is presently being used for disposal of solid waste generated
in Nohar Town. It has been assured by learned counsel for the
respondents that no dead animals are being dispos
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