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2018 Supreme(All) 597

KRISHNA MURARI, ASHOK KUMAR
SHABI ALI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Raj Kumar Upadhyay, Avanish Kumar Upadhyay and Rakesh Bahadur for the Petitioner; C.S.C., A.S.G.I., Anand Prakash Srivastava and Jitendra Prasad Mishra for the Respondents.

JUDGMENT

Hon’ble Ashok Kumar, J.—Heard Sri Rakesh Bahadur, learned counsel for petitioner, Sri Anand Prakash Srivastava and Sri Jitendra Prasad Mishra, learned counsel representing respondent Nos. 4 to 7 and learned standing counsel.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the order dated 31.10.2017 passed by the City Magistrate/ In-charge Officer, Audh, Varanasi canceling “No Objection Certificate” (hereinafter referred to as “NOC”) dated 22.12.2009 issued to the petitioner for storage and sale of fireworks in Shop No. CK-66/5-A, Beniyabhag, Police Station Chowk, Varanasi. The petitioner has also challenged the consequential proceedings which are being carried out by the respondents authorities and therefore, has prayed that the respondent No. 2 be restrained and directed not take any coercive action with regard to the functioning of business of the petitioner.

3. The facts which are not in dispute as is evident from the pleadings are that the petitioner applied for storage and sale of fireworks in the aforesaid shop in the year 1999. Based on the report of the Collector dated 5.3.1993 given to the State Govern









































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