SANJAY KUMAR BHOPE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This writ petition is filed questioning the action of the 1st Respondent in issuing proceedings No.L&O/A1/990/2017-2020 dtd. 29/4/2021 purporting to cancel the No Objection Certificate (NOC) dtd. 16/4/1991 issued by the Commissioner of Police, Hyderabad to the petitioner permitting him to run a firework shop at premises No.16/2/674/4, Malakpet, Hyderabad, without recording the required findings/reasons as per Rule 115 (1) (c) of the Explosives Rules, 2008.

(2.) The petitioner applied for NOC to the 1st Respondent-Commissioner of Police, Hyderabad, for grant of fireworks licence in Form No.24 to deal with fireworks as per the Explosives Rules, 2008 (for short 'the Rules'). The petitioner was issued NOC vide proceedings No.L&O/Q/990/90 dtd. 16/4/1991 subject to the condition of fulfilment of fire precautionary and preventive measures as mentioned in the proceedings in Rc.No.3093/A5/89 dtd. 20/8/1990 of the Divisional Fire Officer, Hyderabad. The NOC was valid for a period of three months. It appears, the said NOC was renewed from time to time. In pursuance thereof, the petitioner was granted licence No.AP 1671/E dtd. 14/5/1991 in Form 24 of the Rules by the Deputy Chief Controller of Explosives, South Circle, Chennai, for running fireworks shop by name M/s. Shanti Fire Works at premises No.6/2/674/4, Malakpet, Hyderabad. It is stated that the petitioner had been running the said shop for the past 30 years without any complaint. While so, under the impugned proceedings, the 1st Respondent in exercise of power under Rule 115 (1) (c) of the Rules, has cancelled NOC dtd. 16/4/1991.

(3.) Heard Mr. Vedula Venkata Ramana, learned Senior Counsel appearing for Mr. D.B. Chaitanya, learned counsel for the petitioner, and Mr. S. Rama Mohan, learned Assistant Government Pleader for Home appearing for the Respondents, and perused the material on record.