Advocates:
['M/S MILAN KANUNGO', '', 'S R MOHANTY', 'S K MEHERULLAH', 'S K MISHRA', 'A G A']

W.P.(C) No.18403 of 2016

26.10.2016

Heard learned Senior counsel Mr. Milan Kanungo for the petitioners and learned

Addl. Government Advocate Mr. Dhala.

The petitioners are temporary licensee to deal with fire crackers during the e

nsuing Diwali Festival. Originally, they have come up with this writ petition to direct the op

posite party no.2, i.e. Deputy Commissioner of Police, Cuttack to grant license to the petitio

ners to operate their shops in their place of business in and around Choudhury Bazaar-nandisah

i along with permanent shop keepers, or in the alternative direct the opposite party no.2 to a

llow the petitioners to operate their shops in front of the Saheed Bhawan, Cuttack. Initially,

it was challenged that the authorities do not have the jurisdiction to impose any particular

condition like specifying the place, where the temporary stalls will be set up for sale of fir

e crackers. The learned Senior counsel for the petitioners seriously disputed the jurisdiction

of the authorities to fix the place for possession and sale of fire crackers in any manner. H

owever, learned Addl. Government Advocate draws attention of the Court to Rule 8