PANKAJ TRADERS Vs. D C P LICENSING

JUDGEMENT

(1.) The petitioner-firm has filed this petition with the prayer that the orders dated 21.10.92 and 13.7.92 issued by respondent no.2 and respondent no. I respectively refusing to grant N.O.C. for fireworks licence may be quashed by an appropriate writ, order or direction. This court issued show cause notice to the respondents on 29.1.1993.

(2.) Petitioner firm is having its business in Sadar Bazar, Delhi. Chapter VH of ExplosivesRules,1983 framed under the Explosives Act, 1884,empowers the Controller of Explosives, Agra, a Department of Government of India, to grant licences in different prescribed forms, including Form no.24 to possess and sell limited quantities of fireworks, crackers as well as sparklers.

(3.) The applicant for the grant of a new licence in Form 24 under Rule 154(4) of the Explosives Rules, 1983 is also required to apply to the Deputy Commissioner of Police (Licensing) for a certificate to the effect that there is no objection to the applicant receiving licence for the site proposed and the certificate is required to be submitted to the Licensing Authority. According to the petitioner-firm, the proposed site was inspected but even then the respondents have refused to grant NOC to fireworks licence. The petitioner challenged the order dated 13.7.92 of Deputy Commissioner of Police (Licens- ing)/ Respondent no. I before the Lieutenant Governor/Respondent no.2 by way of appeal which was dismissed on 21st October, 1992. According to the petitioner, both the orders of the Deputy Commissioner of Police (Licensing) and of the Lieutenant Governor are illegal, arbitrary, discriminatory and unconstitutional.