IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 35213 OF 2025

25.02.2026 Between:

M/s Madhavi Constructions Rep. by its Partner Merugu Mahender ….. Petitioner And The Union of India, Ministry of Commerce and Industries, Petroleum and Explosives Safety Organization (PESO) & others ….. Respondents

O R D E R:

Petitioner claims to be a partnership firm consisting of two partners, B. Shyamsundar Reddy S/o Laxma Reddy and Merugu Mahender S/o Rajamallu and it is carrying on business in explosives. It is stated, on the Application submitted by petitioner, the 3^rd respondent, after enquiry, issued Explosives Licence dated 17-02-2016 for carrying on business in explosive materials such as Nitrate Mixture, Safety Fuse, Detonating Fuse and Detonators, valid up to 31-03-2018. Upon Application for renewal, the 3^rd respondent renewed the licence from 27-03-2018 to 31-03-2023. Thereafter, petitioner is stated to have submitted on line Application dated 23-03-2023 for renewal by remitting requisite fee of Rs. 58,400/-. Respondents acknowledged the Application vide Form No. RE-1 dated 23-03-2023 and thereafter, issued Renewal Acknowledgment dated 24-09-2023 stating that licence is deemed to be in force as per Rule 112(5) of the Explosives Rules, 2008. Petitioner submitted the Application dated 16-03-2023 enclosing declaration that the premises conform to the Explosives Rules, 2008 and other required declarations.

1.1. The 3^rd respondent, it is stated, upon receipt of letter from the Superintendent of Police, Rajanna Sircilla District, issued letter dated 28-06-2022 calling upon petitioner to submit explanation as to why licence should not be revoked/suspended for which, petitioner submitted explanation stating that Darshanala Yuvaraj S/o Sanjeev, Srinivas Reddy and Shivarathri Mahesh S/o Yellaiah shown as Accused Nos.1 to 3 in Crime No. 69 of 2022 on the file of Vemulavada Town Police Station, Sircilla District, are not concerned with the petitioner firm and are not employees. Petitioner stated that it supplies explosives only to Short Fire Licence holders under proper bills and maintains books of account. Representations dated 10-04-2022 and 24-09-2023 were also submitted to the

3rd respondent requesting renewal and explaining that the accused persons are not connected with the firm.

1.2. Petitioner is stated to have submitted another representation dated 06-08-2023 stating that point-wise compliance report was submitted to show cause notices dated 25-05-2022, 28-06-2022 and 12-08-2022 and informing the status of Crime No. 69 of 2022 that charge sheet was not filed at that time. Petitioner also paid Rs. 24,500/- towards excess storage. Thereafter, the 4^th respondent issued letter dated 12-08-2022 requiring petitioner to submit the status of Crime No. 69 of 2022 registered under Sections 420 and 286 IPC, Section 5 of Explosive Substantive Act, 1908 and Section 9-B(1)(b) of the Explosives Act, 1884, enclosing copy of FIR and seeking necessary documents for further action. Petitioner submitted the required documents. However, Respondents 3 and 4 have withheld renewal of licence solely on the ground of pendency of Crime No. 69 of 2022. The police of Vemulavada Town Police Station filed charge sheet before the Court of Judicial First Class Magistrate, Vemulavada against Darshanala Yuvaraj S/o Sanjeev, Srinivas Reddy and Shivarathri Mahesh S/o Yellaiah and the same was taken on file as C.C. No. 754 of

2023.

1.3. As per the prosecution case, on 11-02-2022, the Assistant Sub-Inspector of Police along with constable stopped a passenger auto bearing No. TS 02 US 9106 allegedly carrying explosives. On interrogation, Accused No.1 Darshanala Yuvaraj allegedly confessed that he was working as Supervisor in petitioner firm, Accused No.2 Srinivas Reddy was Manager of the firm, that he owned the auto and he was transporting explosives for supply to Accused No.3 Shivarathri Mahesh. The seized articles