GEETA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These batch of writ petitions have been preferred against the decision of the respondent authorities, whereby the petitioners have been directed to shift their firework shops from the present place of business to other place for alleged violation of Rule 83 of the Explosive Rules, 2008 (in short Rules, 2008).

(2.) All these writ petitions involve common question of law and as such same are being heard together and decided by this common judgment. With the consent of the learned counsel for the parties, W.P.(C) No. 1069 of 2018 is taken as a lead case.

(3.) The factual background of the case, as emerges from the writ petition, is that the petitioners are carrying on the business of fireworks in Upper Bazar, Ranchi after taking license from the licensing authority. Their licenses were also renewed time to time. Suddenly, by an order contained in Memo No. 78(i) dated 08.05.2017 the Deputy Commissioner, Ranchi (respondent no.2) constituted a Committee under the Chairmanship of the Additional Collector, District General Section, Ranchi to carry out inspection about the status of the shops/godowns of fireworks situated in Upper Bazar, Ranchi and submit a report. Pursuant thereto, the inspection was carried out and some irregularities were found in the shops of the petitioners and as such they were asked to submit explanation. The petitioners, accordingly, submitted their explanations and denied some of the alleged irregularities and the rest were claimed to have been removed. Thereafter, in terms with the order of the Deputy Commissioner, Ranchi vide memo no.2435 dated 209.2017 one inspecting team was constituted headed by the Sub Divisional Officer, Sadar, Ranchi to inspect as to whether the irregularities highlighted by the inspecting team has been cured or not. Again the shops of the petitioners were inspected and it was found that except one-two irregularities, rests are still existing. The report was submitted by the inspecting team before the respondent no.2, Ranchi for further action and on that basis, the respondent no.2 vide letter dated 10.01.2018 directed the petitioners to shift their shops from the present place of business to other place of low population density. The Chhotanapur Fire Works Dealers Association, Ranchi vide letter dated 17.01.2018 requested the respondent no.2 to review the said order and thereafter the respondent no.2 directed the Additional In-charge State Fire Service Officer, Ranchi for physical verification, who reported that the shops of the petitioners are situated in highly populated and dense area, which is not in the interest of the public at large, and as such their shops may be shifted to some other place. Thus, the respondent no.2 vide letter dated 29.02018 directed the Sub-Divisional Officer, Ranchi to hold a meeting with the licensees of the fireworks. Accordingly, the meeting was held and it was resolved that the concerned licensees shall shift their shops till 07.05.2018. In the said meeting, it was also resolved to recommend for cancellation of the no objection certificates issued in favour of the concerned licensees.