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2003 Supreme(All) 2097

B.S.CHAUHAN, D.P.GUPTA
SANJAY KUMAR – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Divyesh Singh, V.P.Srivastava,

B. S. CHAUHAN, J.

This writ petition has been filed for quashing order dated 12-9-2003 (Annexure-17), by which the District Magistrate, Ghaziabad has issued a direction to the petitioner to shift his premises for carrying on the business of the fireworks out of the residential area, otherwise his licence shall be deemed not to have been renewed and further to issue a direction to the respondents not to interfere with his business inside the city.

2. Facts and circumstances giving rise to this case are that petitioner is a licence holder for fireworks and it was valid only upto 31st March, 2003. In June 2000, need was felt that the licence under the provisions of the Explosives Act, 1884, should be shifted outside the residential/congested area and they should not be permitted to have their business within the densely populated area for the purpose of security and in larger public interest. Show-cause notice was issued to the petitioner alongwith other similarly situated persons and after giving an opportunity of hearing to him vide order dated 21-6-2000, (Annexure-1), the licence of the petitioner was cancelled.

3. However, it was made clear that within a period of 15 days, the lic
























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