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1989 Supreme(Online)(Guj) 3

GUJARAT HIGH COURT
Name Here, J
Association of Businessmen Selling Fireworks – Appellant
Versus
District Magistrate, Palanpur – Respondent


Advocates:
For the Appellants/Petitioners:[Advocate Name Here]
For the Respondents:[Advocate Name Here]

Table of Content
1. validity of license denial based on safety. (Para 1 , 2)
2. public safety considerations in licensing. (Para 3 , 4 , 5)
3. lack of mala fides in regulatory decisions. (Para 6 , 7 , 8 , 9 , 10)
4. final ruling on the petition. (Para 11)

1. The petitioner is an association of businessmen selling fireworks. The petitioner challenges the legality and validity of the order annexure - H dt. Sept. 19/23, 1987 passed by the District Magistrate, Palanpur. By this order the petitioner's application for renewal of licence type for selling fire - crackers in the bazar area has been rejected on the ground that the place in respect of which licence is applied for, is situated in a thickly populated locality; hence if the licence is granted in respect of these premises it would damage the public interest. It is also stated that the premises in question are not in accordance with the provisions of R.135 of the Explosives Rules , 1983.

2. The petition is not maintainable because against the impugned order an appeal is provided for under the relevant provisions of the Indian Explosives Act , 1884 and the Rules. But the learned counsel for the petitioner insisted that the petition be

















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