WPMS/45/2022
2022 Latest Caselaw 731 UK

 IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
         ON THE 11TH DAY OF MARCH, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          Writ Petition (M/S) No. 45 of 2022


BETWEEN:
Bhanu Pratap Chaudhary.                                 .......Petitioner
      (By Mr. Aditya Singh, Advocate)




AND:
Mussoorie Dehradun Development
Authority & others.                                     ...Respondent
      (By Mr. Rahul Consul, Advocate for respondent no. 1, Mr. Yogesh
      Tewari, Standing Counsel for the State/respondent no. 2, Mr. Ramji
      Srivastava, Advocate for respondent no. 4 & Mr. Kanti Ram Sharma,
      Advocate, holding brief of Mr. I.P. Kohli, Advocate for respondent no.
      7)



                             JUDGMENT

Heard learned counsel for the parties.

2. Petitioner has challenged a decision taken by Board of Mussoorie Dehradun Development Authority, in its meeting dated 14.12.2021. By the said decision, map submitted by respondent nos. 5 & 6 for establishing a outlet for retail sale of petrol/high speed diesel, has been sanctioned.

3. In the writ petition, petitioner contends that sanction granted by the Board is not as per norms. Reference has been made to a notification dated 05.10.2021, which lays down norms regarding distance of petrol pump from abadi area.

4. Learned counsel for the petitioner submits that petitioner has made complaint against grant of sanction in favour of respondent nos. 5 & 6, but, according to him, concerned authorities are sitting tight over the matter.

5. Having regard to the facts and circumstances of the case, writ petition is disposed of by permitting petitioner to make fresh representation to appropriate authority. If petitioner makes representation within one week from today, decision thereupon shall be taken within two weeks thereafter.

6. Before taking decision, the persons in whose favour sanction was granted, shall also be heard.

7. Till decision on petitioner's representation is taken, status quo shall be maintained, qua the Petrol Pump in question.

(MANOJ KUMAR TIWARI, J.) Navin