NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.706 of 2016
1. Manish Kumar Sahu S/o Late Babulal Sahu, Aged About 50 Years Licence No.1/24/96, R/o Dadi Ma Complex, Banjari Road, Raipur, Distt. Raipur (Chhattisgarh)
2. Smt. Babita Agrawal, W/o Shri Bharat Kumar Agrawal, Aged About 40 Years Licence No. 04/24/ R/2008, R/o Mahadev Ghat Road, Raipur, Distt. Raipur, (Chhattisgarh)
3. Bharat Kumar Agrawal, S/o Late Haricharan Agrawal, Aged About 49 Years Licence No. 01/24/ R/2006, R/o Lalpur, Raipur, Distt. Raipur, (Chhattisgarh)
4. Smt. Padma Thakur, W/o Late Dhirendra Singh Thakur, Aged About 50 Years Licence No.1/ R/24/98, R/o Thakur Fataka Bhandar, Ring Road, Raipura Chowk, Raipur, Distt. Raipur, (Chhattisgarh)
5. Ajay Kumar Nayak, S/o Shri Vijay Kumar Nayak, Aged About 47 Years Licence No. 07/24/ R/ 2006, R/o C 1/94, Sector 7, R D A Colony, New Rajendra Nagar, Raipur, (Chhattisgarh)
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur, (Chhattisgarh)
3. Superintendent Of Police, Raipur, (Chhattisgarh)
---- Respondents And WPC No.647 Of 2016
1. M/s Devganga Traders Through Its Partner Hemant Tapadia S/o Shri S.C. Maheshwari, Aged About 40 Years, R/o Bairan Bazar, Raipur, District Raipur Chhattisgarh
2. M/s Bansal Crackers Stores, ( Bansal Fatkha Bhandar) Through Its Proprietor Mahesh Agrawal, S/o Shri Murarilal Ji Agrawal, Aged About 45 Years, R/o Badri Para, Raipur Chhattisgarh
3. M/s Ismail Brothers, Through Its Partner Ismail Momammed, S/o Haji Nisar Mohammed, Aged About 56 Years, R/o 41 Gulmohar Park, Laxman Nagar, Raipur District Raipur Chhattisgarh ---- Petitioner Vs
1. State Of Chhattisgarh Thorugh Secretary, Departmen Tof Home ( Police )
Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh
2. District Magistrate, Office Of The Collector, Raipur Chhattisgarh
3. Superintendent Of Police Raipur Chhattisgarh ---- Respondent And WPC No.708 Of 2016
1. Chunendra Kumar Sahu S/o Late Moolchand Sahu, Aged About 51 Years Licence No. 1/ 24/93 R/o Sahu Complex, Tikrapara, Raipur, Distt. Raipur (Chhattisgarh)
2. Vikas Nemvani, S/o Shri Mohan Kumar Nemvani, Aged About 32 Years Licence No. 03/24/ R/2011 R/o Telibandha, Gali No. 7, Ravigram Raipur, Distt. Raipur (Chhattisgarh)
3. Jitendra Nemvani S/o Shri Mohan Kumar Nemvani, Aged About 37 Years Licence No. 07/24/ R/2010 R/o Telibandha, Gali No. 7, Ravigram, Raipur, Distt.
Raipur (Chhattisgarh)
4. Leeladhar Chandrakar, S/o Shri Sarju Prasad Chandrakar, Aged About 48 Years (Shop At Telibandha Manin Road) Licence No. 02/ R/24/96 R/o B-1, Pavan Vihar, New Rajendra Nagar, Raipur, Distt. Raipur (Chhattisgarh)
5. Abdul Zuber, S/o Shri Abdul Bashir, Aged About 31 Years Licence No. 04/24/
R/2007 R/o Santoshi Nagar, Tikrapara, Raipur, Distt. Raipur (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondent And WPC No. 746 Of 2016
1. Anil Kumar Nemvani S/o Late Teerath Das Namvani, Aged About 46 Years Licence No. 02/ R/24/2012 R/o Shop No. 8 & 9, Anmol Super Bazar, Puraina, Raipur, District Raipur Chhattisgarh
2. Pitamber Kodwani, S/o Late G.M. Kodwani, Aged About 55 Years Licence No.
01/24/ R/2008 R/o Sant Kanwar Ram Chowk, Katora Talab, Raipur, District Raipur Chhattisgarh
3. Aditya Daga, S/o Shri Prem Chand Daga, Aged About 31 Years Licence No.
04/24/ R/2010, R/o C/o Daga Ji Ki Fataka, Dukan, Near Jagannath Temple Gudiyari Chowk, Raipur, District Raipur Chhattisgarh
4. Abdul Kadar Mamdani, S/o Shri Haji, Mohd. Yusuf, Aged About 36 Years Licence No. 02/24/ Fataka/ 2009 R/o Gol Bazar, Raipur, District Raipur Chhattisgarh
5. Haji Mohd. Asif Madani, S/o Shri Haji, Mohd. Yusuf, Aged About 40 Years Licence No. 01/24/ R/2007 R/o God Bazar, Advard Road, Raipur, District Raipur Chhattisgarh ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police ), Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh
2. District Magistrate, Office Of The Collector, Raipur Chhattisgarh
3. Superintendent Of Police Raipur Chhattisgarh ---- Respondent And WPC No. 709 Of 2016
1. Mukesh Rathore S/o Shri Kripasindhu Rathore, Aged About 42 Years Licence No. 11/ R/24/2011, R/o Gol Bazar, R.S. Shukla Road, Raipur, Distt. Raipur, (Chhattisgarh)
2. Munna Kesharwani, S/o Late Gulabchand Kesharwani, Aged About 48 Years Licence No. 02/24/ R/2010, R/o Umesh Cold Drink House, Pahadi Chowk, Gudiyari, Raipur, Distt. Raipur, (Chhattisgarh)
3. Ganesh Ram Sinha, S/o Late Shri Ramlal Sinha, Aged About 55 Years Licence No. 4/24/2005, R/o Mathpuraina, Raipur, Distt. Raipur, (Chhattisgarh)
4. Rupendra Daga, S/o Shri Ratan Daga, Aged About 29 Years Licence No.
2/24/2005, R/o Mathpouraina, Raipur, Distt. Raipur, (Chhattisgarh)
5. Gulam Ahmed Bari ( Bari Brothers), S/o Shri Ahmed Hussain, Aged About 53 Years Licence No. 9/24/90, R/o Shastri Bazar ( Baijnath Para), Raipur, Distt.
Raipur, (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur, (Chhattisgarh)
3. Superintendent Of Police, Raipur, (Chhattisgarh)
---- Respondent And WPC No.715 Of 2016
1. M/s Ismail Brothers Aged About 56 Years Through Its Partners Ismail Mohammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/c C/c G/sh/3 (E 64705) R/o 41, Gulmohar Park, Ram Nagar, Raipur District Raipur Chhattisgarh
2. M/s Ismail Brothers, Through Its Partner Ismail Momammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/c C/c G/24/66(E6495) R/o Gulmohar Park, Laxman Nagar, Raipur District Raipur Chhattisgarh
3. M/s Star Pyrotechnics, Through Its Partners Ismail Mohammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/c C/c G/24/41 (E 23340) R/o Jawahar Nagar, Mongda Para, Raipur Chhattisgarh
4. M/s Star Pyrotechnics, Through Its Partners Ismail Mohammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/c C/c G/24/40 (E 23135) R/o Jawahar Nagar, Mongda Para, Raipur Chhattisgarh ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police ), Mantralaya, Mahandi Bhavan, Naya Raipur, District Raipur Chhattisgarh
2. District Magistrate, Office Of The Collector, Raipur Chhattisgarh
3. Superintendent Of Police Raipur Chhattisgarh ---- Respondents And WPC No.744 Of 2016
1. M/s Classic Sparklers Through Its Proprietor Dinesh Chandra Taparia, S/o Shri S C Maheshwari, Aged About 44 Years, Licence Nol E/ H Q/ C G/ 20/17 (E32202) R/o Opposite Telephone Exchange, Fafadih Chowk, Jai Gopal Society, Raipur, Distt. Raipur (Chhattisgarh)
2. Sagir Ahmed, S/o Late Dabir Ahmed, Aged About 58 Years Licence No. 1/20/
R/2000 R/o Raja Talab, Raipur, Distt. Raipur (Chhattisgarh)
3. Munir Ahmed, S/o Late Dabir Ahmed, Aged About 65 Years Licnece No.
5/20/90 R/o Churi Line, Gol Bazar, Raipur, Distt. Raipur (Chhattisgarh)
4. Star Pyrotechnics Fancy Fireworks Manufacturer & Dealier, Through Its Partner Ismail Mohammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/ H Q/ C G/20/11 (E14619) R/o M.G. Road, Dr. Virdi Galli, Mangarapara, Raipur (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondents And WPC No.719 Of 2016
1. Agrawal Fataka Bhandar Through Its Proprietor Kanhaiya Lal Agrawal, S/o Late Shri Suvalal Agrawal, Aged About 54 Years, Licence No. 07/24/2000, R/o Lakhenagar, Raipur, Distt. Raipur (Chhattisgarh)
2. Shri Ram Fataka Bhandar, Through Its Proprietor Ramavtar Agrawal, S/o Late Shri Suvalal Agrawal, Aged About 50 Years, Licence No. 2/24/2000, R/o Gondvara, Raipur, Distt. Raipur (Chhattisgarh)
3. Vishwas Fataka, Through Its Proprietor Vishwas Agrawal, S/o Late Suvalal Agrawal, Aged About 47 Years, Licence No. 2/24/ R/2008, R/o Badaipara, Raipur, Distt. Raipur (Chhattisgarh)
4. Rajkumar Agrawal, S/o Late Shri Suvalal Agrawal, Aged About 44 Years Licence No. 01/24/ R/2010, R/o Gondvara, Raipur, Distt. Raipur (Chhattisgarh)
5. Jamuna Prasad Yadav, S/o Shri Gopal Prasad Yadav, Aged About 47 Years Licence No. 04/24/ R/2009, R/o Buda Talab, Brahmapuri, Raipur, Distt. Raipur (Chhattisgarh) ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondent And WPC No.745 Of 2016
1. M/s Devganga Traders A Partnership Firm Through Its Partner Hemant Taparia, S/o Shri S C Maheshwari, Aged About 40 Years, Licence No. E/ H Q/ C G/21/171 (E40564), R/o 5/425, Ramsagarpara, Ward No. 5, Nemichand Gali, Telghani Naka Chowk, Raipur (Chhattisgarh)
2. Taparia Fireworks Factory, A Partnership Firm Through Its Partner Hemant Taparia S/o Shri S C Maheshwari, Aged About 40 Years, Licence No. E/ H Q/ C G/21/121 (E35234), R/o Station Road, Raipur, Distt. Raipur (Chhattisgarh)
3. M/s Anand Traders, Through Its Partner Abhishek Sharma, S/o Shri Nand Kishore Sharma, Aged About 34 Years, Licence No. E/ H Q/ C G/21/184 (E68187), R/o Village Kapsada, Dharsinva, Raipur, Distt. Raipur (Chhattisgarh)
4. Ramesh Kumar Agrawal, (Bansal Fataka Bhandar) S/o Shri Murarilal Agrawal, Aged About 51 Years Shop At Village Nakta, Mandir Hasoud, Raipur Licence No. E/ H Q/ C G/21/167 (E39509), R/o Badaipara, Raipur, Distt. Raipur (Chhattisgarh)
5. Star Pyrotechnics Fancy Fireworks Manufacturer & Dealer, Through Its Partner Ismail Mohammed, S/o Haji Nissar Mohammed, Aged About 56 Years, Licence No. E/ H Q/ C G/21/76 (E14285) R/o M.G. Road, Dr. Virdi Galli, Mangarapara, Raipur (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondent And WPC No. 712 Of 2016
1. Nand Kishore Sharma S/o Shri Damodar Prasad Sharma, Aged About 58 Years Licence No.08/24/2007, R/o Ganjpara, Raipur, Distt. Raipur, (Chhattisgarh)
2. Amit Kumar Sharma, S/o Shri Nand Kishore Sharma, Aged About 32 Years Licence No.01/24/ R/2012, R/o Gondvara, Raipur, Distt. Raipur, (Chhattisgarh)
3. Rajkumar Agrawal, S/o Shri Mishrilal Agrawal, Aged About 48 Years Licence No.13/24/ R/2007, R/o Sivanand Nagar, Raipur, Distt. Raipur, (Chhattisgarh)
4. Hemlal Soni, S/o Shri Gendlal Soni, Aged About 46 Years Licence No. 6/24/91, R/o Gudiyari Bazar, Gudiyari, Raipur, Distt. Raipur, (Chhattisgarh)
5. Smt. Laxmi Soni, W/o Shri Hemlal Soni, Aged About 38 Years Licence No. 2/24/
R/2011, R/o Kabir Nagar, Raipur, Distt. Raipur, (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur, (Chhattisgarh)
3. Superintendent Of Police, Raipur, (Chhattisgarh)
---- Respondent And WPC No. 713 Of 2016
1. Abdul Wahid S/o Shri Abdul Majid, Aged About 43 Years Licence No. 2/24/
R/97, R/o Churi Line, Raipur, Distt. Raipur, (Chhattisgarh)
2. Sanjay Kumar Agrawal, S/o Shri Late Kedar Prasad Agrawal, Aged About 45 Years Licence No. 04/24/ R/2006, R/o Tillu Chowk, Lakhe Nagar, Raipur, Distt.
Raipur, (Chhattisgarh)
3. Abdul Fahim, S/o Abdul Majid, Aged About 33 Years Licence No. 10/24/
R/2007, R/o Churi Line, Gol Bazar, Raipur, Distt. Raipur, (Chhattisgarh)
4. Tanveen Ahmed, S/o Shri Habir Ahmed, Aged About 48 Years Licence No.7/24/90, R/o Churi Line, Avard Chowk, Raipur, Distt. Raipur, (Chhattisgarh) 5. Ravikant Agrawal, S/o Shri Ganesh Prasad Agrawal, Aged About 33 Years Licence No.1/24/ R/2013, R/o New Rajendra Nagar, Raipur, Distt. Raipur, (Chhattisgarh) ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur, (Chhattisgarh)
3. Superintendent Of Police, Raipur, (Chhattisgarh)
---- Respondent And WPC No.727 Of 2016
1. Dhingani Fireworks Through Its Proprietor Suresh Kumar Dhingani, S/o Late Shri Kashimal Dhingani, Aged About 59 Years, Licence No. E/ C C/ C G/24/44 (E28913) R/o Near Mandi Gate, Pandritarai, Raipur, Distt. Raipur (Chhattisgarh)
2. Rajaram Agrawal, S/o Late Shri Haricharan Agrawal, Aged About 53 Years Licence No. E/ C C/ C G/24/48 (E37549) R/o Fataka & Fataka Bhandar, House No. 25/418, Nayapara, Phool Chowk, Raipur , Distt. Raipur (Chhattisgarh)
3. Ajay Deshmukh, S/o Late Vasudev Rao Deshmukh, Aged About 46 Years Licence No. E/ C C/ C G/24/35 (E8632) R/o Deshmukh General Stores, Gol Bazar, Raipur (Chhattisgarh)
4. O.D. Chourasia, S/o Late Durgaprasad Aged About 75 Years Licence No. E/ C C/ C G/24/22 (E7854) R/o Chhotapara, Raipur, Distt. Raipur (Chhattisgarh)
5. Hussain Ali, S/o Shri H.M. Safdar Ali, Aged About 85 Years Licence No. E/ C C/
C G/24/31 (E7213) R/o Gol Bazar, Peti Line, Raipur, Distt. Raipur (Chhattisgarh) ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondent And WPC No.728 Of 2016
1. Ishwari Prasad Namdev S/o Shri Bhagwati Prasad Namdev, Aged About 44 Years Licence No. 1/24/ R/2005, R/o Sanram Das Ram Nagar, Boring Chowk, Gudiyari, Raipur, Distt. Raipur (Chhattisgarh)
2. Pavtendra Singh Thakur, S/o Shri Balram Singh Thakur, Aged About 50 Years Licence No. 9/24/ R/2010, R/o Santoshi Chowk, Kushalpur, Raipur, Distt.
Raipur (Chhattisgarh)
3. Omprakash Chourasia, S/o Shri Durga Prasad Chourasia Aged About 75 Years Licence No. 1/ R/24/90 R/o Baijnath Para, Raipur, Distt. Raipur (Chhattisgarh)
4. Pankaj Chourasia, S/o Shri O.D. Chourasia, Aged About 40 Years Licence No.
14/24/ R/2007, R/o Chhotapara, Raipur, Distt. Raipur (Chhattisgarh)
5. Rajesh Agrawal, S/o Shri Manoharlal Agrawal, Aged About 46 Years Lincence No. 5/24/ R/2007 R/o Phool Chowk, Raipur, Distt. Raipur (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondent And WPC No.813 Of 2016
1. Ramesh Kumar Agrawal (Bansal Brothers) S/o Shri Murari Lal Agrawal, Aged About 46 Years Licence No. 1/24/2002, R/o Village Daldal, Sivni, Mova, Raipur, Distt. Raipur, (Chhattisgarh)
2. Murari Lal Agrawal, S/o Late Shri Jagal Lalji Agrawal, Aged About 75 Years Licence No.1/24/2000, R/o Village Nakta, Mandir Hasoud, Raipur, Distt. Raipur, (Chhattisgarh)
3. Salam Mohammed, S/o Shri Nisar Mohammed, Aged About 50 Years Licence No. 08/24/ R/ 2010, R/o Peti Line, Gol Bazar, M I G Jawahar Nagar, Raipur, Distt. Raipur, (Chhattisgarh)
4. Shyamlal Thakur, S/o Shri G L Thakur, Aged About 62 Years Licence No.
7/24/91, R/o Ganeshram Nagar, Behind Purana Bus Stand, Raipur, Distt.
Raipur, (Chhattisgarh)
5. Mahadev Sahu, S/o Shri Doulat Ram Sahu, Aged About 35 Years Licence No.
02/24/ R/2004, R/o Village Jora, In Front Of Agricultural College, Raipur, Distt.
Raipur, (Chhattisgarh)
6. Mohammed Nasim, S/o Shri Mohammed Shabbir, Aged About 34 Years Licence No. 11/24/ R/ 2010, R/o Chudi Line, Raipur, Distt. Raipur, (Chhattisgarh) ---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home ( Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur, (Chhattisgarh)
3. Superintendent Of Police, Raipur, (Chhattisgarh)
---- Respondent And WPC No.758 Of 2016
1. K. H. Naaz S/o Shri Hussain Ali, Aged About 60 Years Licence No. 2/24/90, R/o Gol Bazar, Peti Line, Raipur, Distt. Raipur (Chhattisgarh)
2. Bhanu Prasad Shu, S/o Shri Doulatram Sahu, Aged About 40 Years Licence No. 03/24/ R/2007, R/o Bajrang Nagar, Raipur, Distt. Raipur (Chhattisgarh)
3. M/s Devganga Traders, Through Its Proprietors Hemant Tapadia, S/o Shri S C Maheshwari, Aged About 40 Years, Licence No. E/ C C/ C G/24/56 (E42608)
R/o Telghani Naka Chowk, Raipur, Distt. Raipur (Chhattisgarh)
4. Smt. Rajia Begam, W/o Shri Sheikh Karim, Aged About 45 Years Licence No. 7/
R/24/1995 R/o Advard Road, Raipur, Dist. Raipur (Chhattisgarh)
5. Devdaman Fataka Bhandar Through Its Proprietors Smt. Sharmila Sharma, W/o Shri Vallabh Sharma, Aged About 46 Years, Licence No. 05/24/ R/2008 R/o Lakhe Nagar, Mahadev Ghat Road, Raipur, Distt. Raipur (Chhattisgarh)
6. M/s Shakeel Ahmed & Brothers, Proprietorship Firm Through Its Proprietor Mohammed Arif, S/o Shri Jamil Ahmed, Aged About 55 Years, Licence No.
29/24/92 R/o Shakeel Ahmed & Brothers, Baijnathpara Chowk, Raipur, Distt.
Raipur (Chhattisgarh)
---- Petitioner Vs
1. State Of Chhattisgarh Through Secretary, Department Of Home (Police), Mantralaya, Mahanadi Bhavan, Naya Raipur, Distt. Raipur (Chhattisgarh)
2. District Magistrate, Office Of The Collector, Raipur (Chhattisgarh)
3. Superintendent Of Police, Raipur (Chhattisgarh)
---- Respondents For Petitioners : Smt. Fouzia Mirza with Smt. Smita Jha, Advocates For Respondent/State : Shri B. Gopa Kumar, Dy.AG Hon'ble Shri Justice Manindra Mohan Shrivastava
['SMITA JHA', '', 'FOUZIA MIRZA', 'SHAMSUDDIN MIRZA', 'A G']
C A V Order
13 /05/2016 The petitioners, in the aforesaid batch of petitions, by their respective petitions, have assailed legality and validity of the notices issued by the respondent No.2/District Magistrate, Raipur, whereby the petitioners have been directed to shift their manufacturing unit/magazine store/ retail shop from the present location to other places, failing which, licence shall be cancelled.
2. Most of the petitioners in the aforesaid petitions are those, who were granted licence in Form LE-5 as retailers for sale of Fireworks/crackers. The petitioner in WPC No.744/2016 has been granted license in Form LE-1 for manufacturing fireworks. The petitioner in WPC No.745/2016 has been granted in Form LE-3 for magazine storage of crackers. Rest of the petitioners have been granted license as retailers. In all the petitions, challenge has been made by the respective petitioners to notice dated 06-02-2016 issued by the Additional District Magistrate for District Magistrate, Raipur. The notice requires all the petitioners to remove their existing shop from the present location to elsewhere, giving reference to a memorandum of the State Government. The notice states that as per the aforesaid memo of the State Government, it has been directed that if any factory or place where explosive substance is kept or used for sale is not safe from public point of view, appropriate direction is required to be issued to the owner. The notice states that as the shop/store/manufacturing unit is situated in busy and densely populated area of Raipur city, it may cause grave danger to public, therefore, the shop should be shifted to another place, failing which, licence would be cancelled.
It is this notice issued in all the cases, which is under challenge
3. Learned counsel for respective petitioners raised common submission in all the cases, assailing correctness and validity of the aforesaid notice. It has been contended that though title of the letter says that it is a show cause notice but contents of the notice would show that it is emphatic direction to shift the shop, upon formation of an opinion that the continuance of shop is threat to public safety. Respondent-District Magistrate has already taken decision. It is further contended that the competent licensing authority is Controller (Explosive), who has granted licence to the petitioner. Statutory scheme of the Explosive Act, 1884 (In short “the Act”) and the Explosive Rules, 2008 (In short “the Rules of 2008”), confers power on the District Magistrate to consider grant of no objection certificate. The Collector-District Magistrate does not have authority to cancel licence. It is next contended that as per rule 115 of the Rules of 2008, no objection certificate could be cancelled by the District Magistrate only upon the objective satisfaction with reference to the provisions contained in clause a, b & c and not other wise as discretionary power is statutorily regulated. Proviso to Rule 115, it is urged, imposes fetter on exercise of power by providing that before cancellation of licence, the licensee shall be given show cause notice and he is also entitled to opportunity of being heard but no show cause notice has been given to the petitioners. As long as the petitioners are fulfilling the statutory terms and conditions prescribed in the Act and the rules and the terms/conditions of licence thereunder, they are entitled to continue their business under the licence. Further submission is that the exhaustive legal framework of the Act and rules, makes exhaustive provision with regard to regulatory measure and it is not open for any authority to impose any condition outside the purview of the Act and the rules. The provisions relating to place and locations, have already been prescribed and there is nothing in the rule that the shop cannot be allowed in densely populated area. By executive direction, new condition, not provided under the law, cannot be imposed. Referring to letter dated