ORDER :

1. By way of this Letters Patent Appeal under Clause 15 of the Letters Patent Act, appellant-original petitioner has assailed the order of learned Single Judge dated 19.7.2022 passed in main Special Civil Application No. 16001 of 2015.

2. The background of facts which has given rise to this appeal is that petitioner is a license holder of explosives and doing his business in the name of M/s. Gujarat Explosives, situated at Mahuva since the year 1987. Petitioner is having in all 7 licenses for different types of explosives and having godown in the outskirts of village Vadali, Taluka Mahuva, District Bhavnagar. Storage of the explosives are in a godown constructed strictly in accordance with the specifications provided under the Rules and design whereof is also approved by the Chief Controller who in turn has permitted the stock of various types of explosives to be kept/stored as per the rules. Earlier, license was issued in the name of M/s. Premier Explosives Agency, later on same was permitted to be changed to M/s. Gujarat Explosive Agency.

3. It is the case of the petitioner that said licenses were issued after following due procedure prescribed under the Act and were issued only after District Collector, Mahuva, concerned police department- PWD along with opinion of Panchayat who inspected the area where the stock of explosives is allowed to be kept had taken the view. So much so, that Vadodara Circle Officer had also personally checked the safety measures and parameters which are required and after having satisfied, the Chief Officer of Explosive Department, Nagpur upon verification issued No Objection Certificate and thereupon, godown/ magazine in the said area are built. The license holder is required to pay requisite fee as prescribed under the Rules through Demand Drafts regularly and also to see that periodical renewal may also be accorded to as on the date all licenses have been renewed regularly and petitioner company stated to have valid license under the Act.

4. According to the petitioner, even surprise checking are also being undertaken at regular span of 1, 2 or 5 years, as the case may be, and necessary compliance reports are also being prepared and sent to the authority.

5. According to petitioner, on 28.8.2015, Deputy Chief Controller of Explosives, Vadodara came to the spot and made inspection of the premises and at that point of time, there was no discrepancy or any violation of any of the conditions was indicated to the petitioner and for the first time on 10.9.2015, it was pointed out that there are some violations/discrepancies and straightway, without granting any opportunity or affording opportunity of even to explain, it has been indicated in the said communication dated 10.9.2015 to restrict the stock of explosives in the magazine/godown upto said quantities as indicated, and has called upon the petitoner to submit documents and fee for amendment of reduced quantity to be stored as per the available safety distances within 21 days. Grievance of the petitioner is that though all parameters are prescribed and observed closely by petitioner and there was no violation as noticed, however without affording any opportunity, straightway petitioner company has been advised rather ordered to restrict the stock which has prejudicely affecting the right of petitioner and since same was without affording any opportunity and it is in the form of notice-cum-order, petitioner was constrained to approach this Court by way of Special Civil Application No. 16001 of 2015.

6. The petition appears to have been entertained at initial stage whereby an ad-interim relief was granted and then appears to have come up before the learned Single Judge who by way of judgment and order dated 19.7.2022 was pleased to dismiss the same, which has given rise to filing of the present Letters Patent Appeal before us.

7. The Letters Patent Appeal was entertained by this court by order dated 19.9.2022, wherein notice was issued calling up