RAJESHKUMAR RATILAL SHAH Vs. SECRETARY

JUDGEMENT

(1.) RULE . Learned AGP waives service of Rule on behalf of the respondents.

(2.) THIS petition is filed by the petitioner under the Articles 14,16, 21, 226 and 227 of the Constitution of India and in the matter under the Provisions of the Indian Explosive Act, 1884 and Explosive Rules, 2008, seeking following relief :

(3.) LEARNED advocate Mr. Mehta appearing for the petitioner stated that the order in question is passed by the Authority, without affording any opportunity of hearing to the petitioner or even without following any procedure. He further stated that the Authority has remanded back the matter to the District Magistrate with direction to afford opportunity of hearing to the petitioner and after visiting the premises of the petitioner and considering all the aspects of the matter, the order would be passed by the Magistrate, but the Magistrate without giving opportunity of hearing and without paying visit to the premises of the petitioner and without taking assistance of Surveyors doing the measurement, straightway dismissed the licence. He further submitted that the licence is already renewed upto 31.3.2015, but the concerned Authority has cancelled the licence of the petitioner. Learned advocate Mr. Mehta later on submitted that if the petitioner may be permitted to move before the concerned Authority and the Authority may be directed to consider the same within stipulated time, then the purpose of the petitioner would be served.