SHABBIRALI TAYABALI CHHATARIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this Letters Patent Appeal under Clause 15 of the Letters Patent Act, appellant- original petitioner has assailed the order of learned Single Judge dtd. 19/7/2022 passed in main Special Civil Application No.16001 of 2015.

(2.) The background of facts which has given rise to this appeal is that petitioner is a license holder of explosives and doing his business in the name of M/s. Gujarat Explosives, situated at Mahuva since the year 1987. Petitioner is having in all 7 licenses for different types of explosives and having godown in the outskirts of village Vadali, Taluka Mahuva, District Bhavnagar. Storage of the explosives are in a godown constructed strictly in accordance with the specifications provided under the Rules and design whereof is also approved by the Chief Controller who in turn has permitted the stock of various types of explosives to be kept/ stored as per the rules. Earlier, license was issued in the name of M/s. Premier Explosives Agency, later on same was permitted to be changed to M/s. Gujarat Explosive Agency.

(3.) It is the case of the petitioner that said licenses were issued after following due procedure prescribed under the Act and were issued only after District Collector, Mahuva, concerned police department- PWD along with opinion of Panchayat who inspected the area where the stock of explosives is allowed to be kept had taken the view. So much so, that Vadodara Circle Officer had also personally checked the safety measures and parameters which are required and after having satisfied, the Chief Officer of Explosive Department, Nagpur upon verification issued No Objection Certificate and thereupon, godown/ magazine in the said area are built. The license holder is required to pay requisite fee as prescribed under the Rules through Demand Drafts regularly and also to see that periodical renewal may also be accorded to as on the date all licenses have been renewed regularly and petitioner company stated to have valid license under the Act.