1

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
LIST OF DATES AND EVENTS

In

CIVIL MISC. WRIT PETITION NO.__________ OF 2023

(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – )

------Petitioner

Versus

State of UP and Others -----Respondents

Sl. DATES EVENTS
No.
1.

2.

3.

4.

5.

6.

7.

8.

9.

Hence the present Public Interest Litigation.

 2

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
CIVIL MISC. (STAY) APPLICATION NO._______OF 2023
(Under Chapter 22 Rule 1 of the Rules of the Court)
On behalf of

-----------------
(The Petitioner in the under mentioned writ petition)
-----Applicant.

In

CIVIL MISC. WRIT PETITION NO.__________ OF 2023

(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)

----------------- son of
… … … Petitioner.

Versus

1. State of U.P. through its Principal Secretary, Home

Department, U.P. Government, Lucknow.

2. District Magistrate, Agra.

3. Senior Superintendent of Police, Agra.

… … … Respondents.

To,

The Hon’ble the Chief Justice and his other

companion judges of the aforesaid Court.

The humble application of the applicant above

named, most respectfully showeth as under:-

1. That the full facts and circumstances of the case

have been stated in the accompanying writ petition

which also form part of this application.

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2. That in the facts and circumstances of the case it is

necessary in the interest of justice that this Hon'ble

Court may be pleased to issue an ad-interim

mandamus commanding the respondents to provide

healthy food, water, decent humane conditions,

medical care and shelter to the people either

quarantined or found to be infected with Covid-19

disease; to make availability and supply of the

essential commodities to the people in Agra during

Covid-19 situation being essential to their survival as

well as to ensure the proper arrangements of medical

staff for looking after the health of the persons tested

positive with Covid-19 and further to formulate

adequate measures in combating the Novel Corona

Virus pandemic within a period of time specified by

this Hon'ble Court during the pendency of the writ

petition, otherwise, the petitioner shall suffer

irreparable loss and hardship which cannot be

compensated by any means.

PRAYER

It is therefore most respectfully prayed that this

Hon’ble Court may graciously be pleased to issue an

ad-interim mandamus commanding the respondents

to provide healthy food, water, decent humane

conditions, medical care and shelter to the people

either quarantined or found to be infected with

Covid-19 disease; to make availability and supply of

the essential commodities to the people in Agra

 4

during Covid-19 situation being essential to their

survival as well as to ensure the proper

arrangements of medical staff for looking after the

health of the persons tested positive with Covid-19

and further to formulate adequate measures in

combating the Novel Corona Virus pandemic within

a period of time specified by this Hon'ble Court

during the pendency of the writ petition and/or pass

such other or direction which this Hon’ble Court

may deem fit and proper in the facts and

circumstances of the case.

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
CIVIL MISC. WRIT PETITION NO.__________ OF 2023
(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)

----------------- son of
… … … Petitioner.

Versus

1. State of U.P. through its Principal Secretary, Home

Department, U.P. Government, Lucknow.

2. District Magistrate, Agra.

3. Senior Superintendent of Police, Agra.

… … … Respondents.

To,

The Hon’ble the Chief Justice and his other

companion judges of the aforesaid Court.

The humble Petition of the petitioner above named

most respectfully showeth as under:-

1. That this is the first public interest litigation on

behalf of the petitioner in the facts and
circumstances of the case and for the reliefs prayed
and there is no other public interest litigation has
been filed by the petitioner in respect of the present
cause of action before this Hon'ble Court. The
petitioner has not received any caveat of the writ
petition as yet.
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2. That the petitioner is a practicing advocate at District

Court, Agra and by way of the present writ petition in
the form of Public Interest Litigation, he is espousing
the cause of the public living and residing in District
Agra with respect to the problems and
inconveniences being faced by them on account of a
pandemic namely “Corona Virus” (Covid-19) due to
the negligence, slackness and dereliction of the
district administration in the discharge of its duties
envisaged under the law.

3. That the instant Public Interest Litigation is sought

to be filed by the petitioner being a public spirited
person and the public cause being sought to be put
forth by him does not entail any personal or private
interest in the matter.

4. That there is no authoritative pronouncement either

by the Hon'ble Supreme Court or by this Hon'ble
Court on the question raised and that the result of
the litigation will not lead to any undue gain to
himself or anyone associated with him or any undue
loss to any person, body of the persons or the State.

5. That ever since the nationwide lockdown began on

25.03.2023, Agra has been struggling with supply
chain problems with essential commodities unable to
reach the people due to an outbreak of Covid-19
pandemic.

6. That a number of Novel Corona Virus patients has

been continuing to rise in the District of Agra and
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despite this, the district administration has not taken

any adequate steps to contain the virus infection.

7. That while the people are finding it hard to purchase

the milk, the police are spilling it on roads; packed
milk is unavailable and the administration has
prohibited the sale of open milk.

8. That the vegetables are rotting in trucks as the

district administration is not allowing the vender to
sell them. The police are unable to track the contacts
of Covid-19 cases but are rather beating up the
innocent people who step out to buy food and
vegetables.f

9. That the district administration alleges that

necessary arrangements have been made for home
delivery of essential items to the people but the
correct fact is that neither the people are being
delivered essential items at their homes nor their
access to home delivery of essential items is being
made easier.

10. That the district administration is only interested in

carrying out the alleged formalities on papers so as to
apprise the State Government of its alleged efforts in
looking after the need of the people in this crisis
arising from the Corona Virus disease.

11. That the number of positive cases of Corona Virus

infection in Agra has mounted to nearly 900 so far
and in the State of Uttar Pradesh, Agra is at the top
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with 27 fatalities having caused due to the Covid-19

infection.

12. That in this hour of crisis occasioned due to the said

pandemic, the district administration has been
reluctant in taking due care of general public in Agra
and the situation has further become worst due to a
number of migrants having been returned from
different parts of the country during the Corona
Virus lockdown.

13. That the administration is reluctant in taking

migrant labourers to shelter homes; neither any
thermal screening nor any rapid testing or pool
testing of the migrants coming to the district of Agra
are being conducted, as a result of which, a sense of
insecurity has arisen in the minds of the public living
and residing over there.

14. That the conditions prevailing in Agra have become

miserable and despite this, the district
administration is not extending any help to save the
life and health of the people in the wake of the fact
that an emergent situation has arisen due to the
infection caused by Covid-19.

15. That from time to time, various news items came to

be published highlighting the reluctant approach of
the district administration in dealing with the
situation as also the sufferings and pains of the
general people in Agra. In this connection true copy
of the extract of news items published in daily
 9

newspapers are jointly being filed herewith and

marked as Annexure No.1 to this writ petition.

16. That the people found to be infected with the Corona

Virus disease are being left unattended by the
doctors and nurses and that no promptness is being
shown by the police and other authorities to ensure
that the people tested positive for Corona Virus be
accorded adequate medical facilities with due care
and caution.

17. That the District Agra is a densely populated area as

evident from the fact that the present population
therein is nearly 60 lacs and in this view of the
matter, the district administration ought to have
made more Quarantine Centers and Isolation Wards
in Agra seeing the damage being caused by the
pandemic.

18. That earlier there were 32 Quarantine Centers in

District Agra which has now been reduced to 17
arbitrarily by the district administration, particularly
when, the number of corona virus cases has been
rising rapidly.

19. That in so far as the Isolation Wards created by the

administration in Agra are concerned, the same is
100 in number, whereas, it ought to have been at
least 2000 in view of increasing number of positive
cases of the people.

20. That the Quarantine Centers as also the Isolation

Wards created in Agra are in a miserable condition
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and neither the district administration nor the

medical staffs are taking due care of the persons
either quarantined or confined to the Isolation Wards
which is wholly uncalled for.

21. That it is relevant to submit that the people being

suspected of contracting the highly contagious
disease is not being allowed to undergo the test at
the Government Hospitals and that they are
deliberately tested negative for Corona Virus disease
so as to avoid the responsibility of looking after their
health.

22. That apart from this, several other health hazards

are being faced by the general public due to
slackness and inactiveness of the district
administration in taking proper steps to combat the
Covid-19 spread namely the women are not getting
adequate facilities for delivering their child and other
patients are not accorded any medical facilities to
cure their other diseases in this hour of crisis.

23. That Article 21 of the Constitution of India deals with

the right to life and personal liberty which within its
scope also includes a right to have a dignified and
healthy life and in this view of the matter, it is a
bounden duty of the State to ensure that a person be
not deprived of leading a dignified and healthy life.

24. That the district administration has failed in

conducting extensive testing and screening of the
people and has further failed in taking stringent
 11

measures to curb the spread of corona virus cases in

Agra which would be in contravention of the
principles enshrined under the Directive Principles of
State Policy being embodied in Part IV of the
Constitution of India.

25. That the district administration has also failed in

discharging its duties under the law to look after the
need of the general public in Agra, inasmuch as,
their right to food, water, medical care and shelter is
being violated callously, moreover, no medical aid
and humane conditions are being provided to the
people quarantined or found to be infected with
Covid-19.

26. That the representation of the petitioner is not yet

decided by the respondent authorities and the
sufferings and pains of the people of Agra have been
left to their fate by the respondents ignoring the
material fact that in a welfare State, such act is
wholly impermissible in law and they are enjoined
with the duty to enforce the Constitution mandate by
safeguarding and protecting the interest of the
citizens.

27. That the petitioner has already represented the

matter to the respondents by means of filing a
representation ventilating the public cause for its
redressal, however, the respondents are not listening
to the said bonafide public cause resulting in causing
serious injury upon the rights of the people in Agra
who are undergoing financial distress and hardship.
 12

In this connection true copy of the representation of

the petitioner is being filed herewith and marked as
Annexure No.2 to this writ petition.

28. That in the circumstances, the Hon'ble Court may

come to the rescue of the people living and residing
Agra as against the reluctance shown by the district
administration to contain the Covid-19 pandemic by
way of issuing an appropriate writ so as to subserve
the ends of justice, otherwise, an irreparable loss and
hardship would be caused to the people if the
respondents are left unattended in tackling the said
pandemic.

29. That in the facts and circumstances of the case, it is

necessary in the interest of justice that this Hon’ble
Court may be pleased to issue an ad-interim
mandamus commanding the respondents to provide
healthy food, water, decent humane conditions,
medical care and shelter to the people either
quarantined or found to be infected with Covid-19
disease; to make availability and supply of the
essential commodities to the people in Agra during
Covid-19 situation being essential to their survival as
well as to ensure the proper arrangements of medical
staff for looking after the health of the persons tested
positive with Covid-19 and further to formulate
adequate measures in combating the Novel Corona
Virus pandemic within a period of time specified by
this Hon'ble Court during the pendency of the writ
petition, otherwise, the petitioner shall suffer
 13

irreparable loss and hardship which cannot be

compensated by any means.

30. That the petitioner has no other alternative, equally

efficacious and speedy remedy than to invoke extra
ordinary jurisdiction of this Hon’ble Court under
Article 226 of the Constitution of India inter-alia on
following amongst other grounds.

GROUNDS

I. Because Article 21 of the Constitution of India deals

with the right to life and personal liberty which
within its scope also includes a right to have a
dignified and healthy life and in this view of the
matter, it is a bounden duty of the State to ensure
that a person be not deprived of leading a dignified
and healthy life.

II. Because the district administration has failed in

conducting extensive testing and screening of the
people and has further failed in taking stringent
measures to curb the spread of corona virus cases in
Agra which would be in contravention of the
principles enshrined under the Directive Principles
of State Policy being embodied in Part IV of the
Constitution of India.

III. Because the district administration has also failed in

discharging its duties under the law to look after the
need of the general public in Agra, inasmuch as,
their right to food, water, medical care and shelter is
being violated callously, moreover, no medical aid
 14

and humane conditions are being provided to the

people quarantined or found to be infected with
Covid-19.

IV. Because the representation of the petitioner is not

yet decided by the respondent authorities and the
sufferings and pains of the people of Agra have been
left to their fate by the respondents ignoring the
material fact that in a welfare State, such act is
wholly impermissible in law and they are enjoined
with the duty to enforce the Constitution mandate
by safeguarding and protecting the interest of the
citizens.

PRAYER

It is therefore, most respectfully prayed that this

Hon’ble Court may graciously be pleased to:

(a) Issue a writ, order or direction in the nature of

mandamus commanding the respondents to provide
healthy food, water, decent humane conditions,
medical care and shelter to the people either
quarantined or found to be infected with Covid-19
disease.

(b) Issue a writ, order or direction in the nature of

mandamus commanding the respondents to ensure
the proper arrangements of medical staff for looking
after the health of the persons tested positive for
Covid-19.

(c) Issue a writ, order or direction in the nature of

mandamus commanding the respondents to make
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availability and supply of the essential commodities

to the people in Agra during the Covid-19 situation
being essential to their survival.

(d) Issue a writ, order or direction in the nature of

mandamus commanding the respondents to
formulate adequate measures in combating the
Novel Corona Virus pandemic within a period of time
specified by this Hon'ble Court.

(e) Issue any other writ, order or direction which this

Hon’ble Court may deem fit and proper in the
circumstances of the case.

(f) Award the cost of the writ petition.

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*****
INDEX

In

CIVIL MISC. WRIT PETITION NO.__________ OF 2023

(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)

----------------- ------Petitioner

Versus

State of UP and Others -----Respondents

Sl. PARTICULAR OF DATE ANNEX PAGE
No. DOCUMENTS Nos. Nos.
1. Dates and Event
2. Civil Misc. Stay Application
(Under Chapter 22 Rule 1 of the
Rules of the Court)
3. Civil Misc. Writ Petition (Under
Article 226 of the Constitution of
India)
4. True copy of the extract of
news items published in daily 1
newspapers
5. True copy of the
representation of the 2
petitioner
6. Affidavit with I.D.

7. Vakalatnama
 17

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
ANNEXURE NO.

In

CIVIL MISC. WRIT PETITION NO.__________ OF 2023

(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)

----------------- ------Petitioner

Versus

State of UP and Others -----Respondents

=======================
 18

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
AFFIDAVIT

In

CIVIL MISC. WRIT PETITION NO.__________ OF 2023

(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)

----------------- ------Petitioner

Versus

State of UP and Others -----Respondents

Affidavit of -----------------, aged

about ___ years, son of

Religion-Hindu
Occupation-

(Deponent)

I, the deponent above named do hereby solemnly

affirm and state on oath as under:

1. That the deponent is the sole petitioner in the above

mentioned writ petition, as such, is well acquainted with
the facts of the case stated in the writ petition.

That the contents of paragraphs no. 1 of the present

affidavit and those of contents of paragraphs nos. … … …
…………………………………………………………
… … of the accompanying writ petition are true to my
personal knowledge; those of contents of paragraphs nos.
…………………………………………………………
… … …of the accompanying writ petition are based on
 19

records; contents of paragraph… … … … … … … … … …

…………………………………………………………
… … … … … … … …of the accompanying writ petition are
based on information received by the deponent and
contents of Paragraphs Nos. … … … … … … … … … … …
… … … … … … … … … … of the accompanying writ
petition are based on legal advice and no part of it is false
and nothing material has been concealed so far.

So help me God.

Deponent

I, Sri ------------------, Advocate, High Court, and

Allahabad do hereby verify that the person making this
affidavit and alleging himself to be the deponent is known
to me on the basis of the papers produced by him in this
case.

Advocate

Solemnly affirmed before me on this th day of

______, 2023 at about. A.M./P.M. by the deponent who
has been identified by Advocate.
I have satisfied myself by examining the deponent
that he has fully understood the contents of this affidavit,
which have been read over and explained to him.
Oath Commissioner
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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******
Court Fees
In
CIVIL MISC. WRIT PETITION NO.__________ OF 2023
(Public Interest Litigation)
(Under Article 226 of the Constitution of India)
(DISTRICT – AGRA)
----------------- ------Petitioner
Versus
State of UP and Others -----Respondents