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2025 DAILYLAW 4663 (UTT)

DOON COOPERATIVE STORE LIMITED v. DISTRICT MAGISTRATE DEHRADUN

WPMS/972/2025 · 2025-04-04

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 972 of 2025 (M/S) Doon Cooperative Store Limited ….......Petitioner Vs. District Magistrate Dehradun and Others .....Respondents Present : Mr. B.M. Pingal, Advocate for the petitioner. Mr. K.N. Joshi, D.A.G. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the order dated 31.01.2025, passed by the Additional Sub Divisional Magistrate, Dehradun, as well as the order dated 03.03.2025, passed in Appeal No.10 of 2024-25, Sahkari Bazar Gas Sewa Vs. State, passed by the Commissioner, Pauri Garhwal. 2. Heard learned counsel for the petitioner and perused the record. 3. The petitioner runs an LPG godown at a colony in Dehradun. The residents of the colony made certain complaints that due to movement of heavy vehicles, there are chances of damage to the property of the local residents, which may, at times, cause severe damages. 4. After considering the matter, the Additional Sub Divisional Magistrate, Dehradun, by its order dated 31.01.2025, directed the petitioner to take the LPG cylinders in small vehicles with the capacity of 288 gas cylinders and not to carry LPG cylinders in trucks with 360 gas cylinders capacity. This order was also challenged before the Commissioner, Pauri Garhwal, but it was also dismissed. 2 5. Learned counsel for the petitioner would submit that the petitioner may have to incur losses if he is not permitted to take cylinders in heavy vehicles. 6. As a safety measure, the order has been passed. In fact, this Court does not want to comment on it. In a residential colony, there should not be such LPG godowns. It should be at some distance. 7. Be it as it may, whatever order has been passed, it does not warrant any interference. Therefore, the writ petition deserves to be dismissed at the stage of admission itself. 8. The writ petition is dismissed in limine. (Ravindra Maithani, J.) 04.04.2025 Ravi Bisht