SANJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This writ petition has been filed for quashing order dated 12-9-2003 (Annexure-17), by which the District Magistrate, Ghaziabad has issued a direction to the petitioner to shift his premises for carrying on the business of the fireworks out of the residential area, otherwise his licence shall be deemed not to have been renewed and further to issue a direction to the respondents not to interfere with his business inside the city.

(2.) FACTS and circumstances giving rise to this case are that petitioner is a licence holder for fireworks and it was valid only upto 31st March, 2003. In June 2000, need was felt that the licence under the provisions of the Explosives Act, 1884, should be shifted outside the residential/congested area and they should not be permitted to have their business within the densely populated area for the purpose of security and in larger public interest. Show-cause notice was issued to the petitioner alongwith other similarly situated persons and after giving an opportunity of hearing to him vide order dated 21-6-2000, (Annexure-1), the licence of the petitioner was cancelled.

(3.) THE Divisional Commissioner again passed an order dated 8-8- 2003, directing the District Collector to decide the applications for renewal within a period of 30 days, on the basis of the report submitted by the committee and in case no order is passed, the licences shall be deemed to be automatically renewed. In pursuance of the order, the impugned order dated 12/15-9-2003, has been passed by the District Magistrate directing the petitioner and others not to run the business in the congested area which is thickly populated and in case they are willing to shift outside the city, applications for their renewal shall be considered, otherwise it will be deemed to have been rejected. Hence this petition.