JUDGMENT :

A.S. CHANDURKAR, J.

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The challenge raised in this writ petition is to the orders dated 18.11.2020 passed by the Collector and District Magistrate, Buldana and the order dated 07.06.2021 passed by the Divisional Commissioner, Amravati Division, Amravati in proceedings arising out of the Explosives Act, 1884 (for short ‘the Act of 1884’). The District Magistrate has been pleased to cancel the no objection certificate dated 17.03.1997 that was granted to the petitioner for storage and sale of explosives. The Divisional Commissioner was pleased to confirm that order and further directed appropriate action to be taken under the provisions of Sections 44 and 45 of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Conversion of use of Land and Non-Agricultural Assessment) Rules, 1969.

3. Brief facts giving rise to the present proceedings are that it is the case of the petitioner that pursuant to grant of no objection certificate by the Additional District Magistrate, Buldana on 17.03.1997 the petitioner is operating fire cracker shops/godowns on Survey No. 86 at Mouza Shirajgaon, Taluka Khamgaon, District Buldana. It is the case of the petitioner that he has been running the aforesaid business since then without any interruption. On 10.10.2018 the respondent no. 3 moved an application before the District Magistrate praying therein that since the aforesaid business was being carried out by the petitioner in breach of the provisions of the Explosives Rules, 2008 (for short ‘the Rules of 2008’) the no objection certificate granted in favour of the petitioner be cancelled. Pursuant thereto the District Magistrate on 17.10.2018 issued a notice to the petitioner and sought his clarification on various aspects stated in the said notice. It appears that on 29.10.2018 the explosives godowns were inspected. During the course of inspection, various shortcomings were noticed and hence on 31.10.2018 the District Magistrate issued a show-cause notice to the petitioner calling upon him to explain as to why the no objection certificate granted earlier should not be cancelled. The petitioner was called upon to show-cause by 03.11.2018. The petitioner accordingly submitted his reply and thereafter by an order dated 18.11.2019 the District Magistrate found that the land in question had not been converted for non-agricultural use. The District Magistrate found it fit to seek further guidance in the matter from the Controller of Explosives and he directed that till such guidance was received the petitioner’s godown be sealed. The appeal filed by the petitioner challenging that order before the Divisional Commissioner came to be dismissed on 17.03.2020. The Divisional Commissioner however directed the District Magistrate to examine as to whether appropriate permission has been granted for non-agricultural use of the land where the business of the petitioner was being conducted. The petitioner being aggrieved by the aforesaid orders approached this Court in Writ Petition No. 1802 of 2020. On 17.09.2020 this Court found that the action of sealing the godown was not relatable to any provision under the Act of 1884 or the Rules of 2008. Consequently, the orders passed in that regard came to be set aside and liberty was granted to the District Magistrate to move the appropriate Authority under the Act of 1884 for taking the appropriate action if found necessary.

4. The District Magistrate however acting on the directions issued by the Divisional Commissioner by which the aspect of conversion of the land for non-agricultural use was directed to be examined re-opened the matter and after hearing the petitioner as well as the respondent no. 3 cancelled the no objection certificate issued to the petitioner principally on the ground that the land where the godowns were situated had not been converted for non-agricultural use and the user of that la