Back
M. NAGAPRASANNA
Kalavathi W/o Manjunatha M. – Appellant
Versus
Director General And Inspector General Of Police Karnataka State – Respondent
ORDER :
The petitioner – proprietor of a business is before this Court seeking quashment of an order dated 25.10.2023 passed by respondent No.5 – Deputy Commissioner and a direction by issuance of the writ in the nature of mandamus restraining the respondents – authorities from interfering with the petitioner’s business of sale of fire crackers, during the subsistence of valid license at the schedule premises.
2. Heard Sri Sharath S. Gowda, learned counsel for petitioner, Sri K.S.Harish, learned Additional Government Advocate for respondent Nos.1 to 7 and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India representing respondent No.8.
3. The petitioner claims to be a recipient of license of a premises in survey Nos.44/1 and 44/2 in Veerenahalli Main Road, Bidarahalli Hobli, Bengaluru East Taluk. It is her further claim that he has secured No Objection from all quarters in terms of Rules 101 and 102 of the Explosives Rules, 2008 (for short ‘the Rules’). The petitioner later applies for license under Section 105 of the Rules for a changed premises. The Deputy Commissi
The Deputy Commissioner does not have the authority to grant a license to store and sell 1000 kgs of fireworks. Licenses should be granted within the limits of the authority given by the law. Safety ....
Administrative authorities must duly consider recommendations from relevant bodies and allow applicants a chance to be heard before denying licenses.
Primary authority is not vested with powers to see as to whether there is a contravention of the provisions of the Act and the Rules, 2008.
Cancellation of a license without opportunity for a hearing or stated reasons violates procedural fairness as required by the Explosives Act and Rules.
Temporary magazines suffice for fireworks in temporary events; prior refusals set aside with conditions.
The court ruled that temporary safety measures for fireworks displays are sufficient, and refusals to grant permission must be substantiated with valid reasons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
