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 Government, an application was filed by the petitioner, who is the proprietor of M/s. Hindustan Fireworks CK-66/5-A, Beniyabhag, Police Station Chowk, Varanasi whereupon, reports were sent and the then City Magistrate, Varanasi submitted a report recommending grant of licence for sale of explosive in favour of the petitioner on 14.10.1999 and on the said report, the then District Magistrate, Varanasi, granted a licence to the petitioner for storage and sale of explosive.

4. In praragraph 8 of the writ petition the petitioner has contended that the District Magistrate, Varanasi had only granted for storage and sale of 1050 KG Explosive, on the basis of which, the City Magistrate, Varanasi, with the approval of the District, Varanasi issued “NOC” dated 27.10.1999 in favour of Shabi Ali for storage and sale of Explosive of Class-2, Division-2, Sub Division-2 and 1000 Kg Class-7, Division-1, Sub Division-2 and on the basis of No objection Certificate, the competent authority granted a licence in favour of Shabi Ali.

5. On the basis of “NOC” dated 27.10.1999 the petitioner has been granted licence for LE-5, to possess and sell from a shop manufactured fireworks of class-7 and Division-2 Sub Division-2 exceeding 100 kilograms but not exceeding 300 kilograms and Chinese Crackers and Sparkler exceeding 500 kilograms, under the Indian Explosive Act 1884 and Rules 2008 on 25.1.2002. After the grant of licence to the petitioner the General Manager of the Telephone, Varanasi moved an application for shifting of explosive shop to other place, whereupon the Collector has passed an order dated 14.11.2000 directing the Additions District Magistrate, Varanasi to inquire into the mater, where after the then City Magistrate, Varanasi has submitted his report dated 22.12.2000, saying that the Telephone Exchange has no danger and after the said report the shop of the petitioner was permitted to remain in continuation at the same place.

6. In paragraph 11 of the writ petition the petitioner has given the details with regard to a civil misc. writ petition No. 31022 of 2007, being as a P.I.L. by one Dilip Singh. In the said writ petition a prayer was made for issuance of writ of mandamus commanding the State to inquire into the matter about the grant of explosive licence for the area of Chowk of Dashawamedh, Varanasi and also for stop of illegal and unauthorise trading and business of storage and sale of explosive without having proper license as well as restraining the private respondents from doing business of storage and sale of explosive for the same area from Chowk and Dashawamedh, Varanasi and further prayed for issuance of a direction for preventing trade and business of explosive from the area Chowk and Dashaswamedh, Varanasi by private respondent Nos. 4 and 5 as well as