HINDUSTAN FIRE WORKS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.M.A. Kazmi, Senior Advocate assisted by M/s. Tahira Kazmi, learned Counsel for the petitioner, Sri R.N. Singh, learned Counsel for the respondent No. 5, learned Additional Solicitor General of India for the respondent Nos. 3 to 5 and learned Standing Counsel for State-respondents. Petitioner before this Court in the proprietor of firm, M/s. Hindustan Fire Works engaged in the business of selling crackers and sparklers from his shop in the City of Varanasi. Petitioner is stated to have granted licence for sale, purchase and storage of 100 kg. crackers and 1000 k.g. Chinese Sparklers (low hazard) under the Explosive Act.

(2.) Petitioner was served with an order of the Joint Chief Explosives Controller, Madhyanchal, Agra dated 20/23rd July, 2007 cancelling the licence of the petitioner dated 25th January, 2000, 2009. Such cancellation was based on the recall of the no objection certificate vide letter dated 27th October, 1999 of the District Magistrate. Petitioner approached this Court against the aforesaid order by means of Civil Misc. Writ Petition No. 40793. Initially an interim order was granted by this Court in the said writ petition on 6th November, 2007. However, ultimately the writ petition was dismissed vide judgment and order dated 15th November, 2007 on the ground that petitioner has efficacious statutory alternative remedy by way of appeal under Rule 159 of the Explosive Rules, 1983 (hereinafter referred to as the 'Rules, 1983') before the Chief Controller of Explosive, Nagpur.

(3.) Petitioner filed his appeal, which was numbered as Appeal No. R. 4 (2) 83/APPEAL-UP-575/E. Hearing of the appeal took place on 11th January, 2008 and the Chief Controller of Explosives, Nagpur/appellate authority by means of an interim order set aside the cancellation of the licence of the petitioner dated 20/23rd July, 2007 with a further direction upon the District Magistrate, Varanasi to review the reasons for cancellation of the no objection certificate earlier granted in favour of the petitioner. The order itself records that aforesaid direction was being issued with reference to Rule 170 of the Rules, 1983.