Uttarakhand High Court
Essar Oil India Limited And Another vs Haridwar Roorkee Development ... on 14 June, 2016
Author: U.C. Dhyani
Bench: U.C. Dhyani
WPMS No. 1654 of 2016 Hon'ble U.C. Dhyani, J.
Mr. Lok Pal Singh, Advocate for the petitioners.
Mr. S.S. Chauhan, Advocate for the respondents.
By means of present writ petition, the petitioners seek following reliefs, among others:
"(i) Issue a writ, order or direction in the nature of mandamus commanding / directing the respondents not to demolish or seal the petrol pump of the petitioners and construction thereon at NH-58 opposite Delhi 162 km. Stone, Delhi Road Village Libberhedi, Pargana Manglore, Tehsil Roorkee, District Haridwar.
(ii) Issue a writ, order or direction in the nature of mandamus commanding / directing the respondents to take decision on the map submitted by the petitioners for its sanction (Annexure-7 to this writ petition)."
After arguing the writ petition at some length, learned counsel for the petitioners confined his prayer only to the extent of above mentioned relief no. 2.
It is the submission of learned counsel for the respondents that subject to Court's direction a decision on the map submitted by the petitioners shall be taken by the respondents, in accordance with law, if it has already not been taken.
Writ petition is disposed of at the admission stage, with the consent of learned counsel for the parties, by directing the respondents to take a decision, in accordance with law, on the map submitted by the petitioners within ten days.
Keeping in view the peculiar facts and circumstances of the case, the respondents are directed not to seal the petrol pump, or demolish the petrol pump and construction thereon, till the decision is taken on Annexure-7 and communicated to the petitioners.
Writ petition is disposed of at the admission stage itself.
Let a certified copy of this order be supplied to the learned counsel for the petitioners, today itself, on payment of usual charges.
(U.C. Dhyani, J.) 14.6.2016 Pooja