TIRUPATI TRADING Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. Sanjeev Ranjan, learned counsel appearing on behalf of the petitioner, Ms. Kanak Verma, learned Central Government Counsel and Mr. Rajesh Kumar, learned Assisting Counsel to Government Pleader No. 10 for the State.

(2.) The petitioner is aggrieved by the order bearing Memo No. 442 dated 19.11.2011 of the District Magistrate, Sheikhpura passed in purported exercise of power vested under rule 115 of the Explosives Rules, 2008 (hereinafter referred to as 'the Rules') framed under the Explosive Act, 1884 (hereinafter referred to as 'the Act'), whereby he has recalled the 'no objection certificate' granted to the petitioner, a copy of which is placed at Annexure -4 to the writ petition and which decision has been communicated to the Deputy Chief Controller of Explosives for necessary onward action. It is following the order of the District Magistrate impugned at Annexure -4 that the licence of the petitioner under 'the Act' and 'the Rules' framed thereunder stands cancelled by the Chief Controller of Explosives as communicated by the Deputy Chief Controller of Explosives vide order passed on 4.3.2012 and which is sought to be questioned by the petitioner by filing an interlocutory application bearing I.A. No. 4716 of 2014 impugned at Annexure -8 thereof.

(3.) Considering that the cancellation of the explosive licence is only a consequence of recall of the 'no objection certificate', the prayer made by the petitioner to question the cancellation of licence in the present proceeding is allowed and I.A. No. 4716 of 2014 is accordingly allowed.