Madhya Pradesh High Court
M/S Shiv Shakti Fire Works vs The State Of Madhya Pradesh on 10 April, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 10 th OF APRIL, 2024
WRIT PETITION No. 7506 of 2024
BETWEEN:-
M/S SHIV SHAKTI FIRE WORKS THROUGH
PROPRIETOR HEMANT JASUJA S/O MISHRILAAL
JASUJA AGED 50 YEARS OCCUPATION BUSINESS
LOHIYAWARD BETULGANJ BETUL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI KANISHKA BHARDWAJ-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
ADDITIONAL DISTRICT MAGISTRATE DISTRICT BETUL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SWATANTRA PANDEY-P.L.)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for the petitioner submits that the point raised in this petition is squarely covered by the judgment of coordinate bench passed in W.P.No.6635/2024 (M/s Classic Fireworks Vs. State of M.P. & Anr.), which reads as under:
" Heard on the question of admission and interim relief. This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:-
"a. Quashing of the order dated 13.02.24 (Annexure P-1) passed by the District Magistrate, Indore cancelling the Signature Not Verified Signed by: PREETI TIWARI Signing time: 4/13/2024 2:39:42 PM 2 NOC of the petitioner for running the firecracker godown with license number (E/CC/MP/24/251F36991) situated at Shop no. 7, survey no. 242 & 244, Morod, Indore.
b. Quashing of the order dated 07.03.24 (Annexure P/2) passed by the Joint Chief Controller of Explosives, Bhopal cancelling the license of the petitioner for running the firecracker godown with license number (E/CC/MP/24/251F36991) situated at Shop no. 7, survey no. 242 & 244, Morod, Indore.
c. Issuance of a writ of mandamus directing the District Magistrate, Indore to unlock the godown of the petitioner and break open the seal 'which was inscribed on 13.2.2024 and refrain from taking any further adverse action against the petitioner without following due process of law.
d. Pass any other writ or order or direction that this Hon'ble Court may deem fit in the interest of justice; e. Pass such other orders to award the cost of the Litigation to the petitioner."
2 The grievance of the petitioner is that he is a license holder for sale and possession of fire crackers and in this regard, an NOC was also issued to him earlier. However, vide impugned order dated 13.02.2024, the same has been cancelled without any opportunity provided to the petitioner while invoking the provisions of Rule 115 (1) (c) of the Explosives Rules, 2008 (hereinafter referred to as the 'Rules of 2008'). It is further contended by the petitioner that shop has also been unauthorizedly sealed by the respondents.
3. Counsel for the petitioner has drawn the attention of this Court to Rule 115 (1) (c) of the Rules of 2008 to submit that the proviso to the aforesaid Rule clearly provides that before cancellation of the no objection Certificate, the licensee shall be given a reasonable opportunity of being heard. However, in the present case, no such opportunity was given to the petitioner. Thus, on Signature Not Verified Signed by: PREETI TIWARI Signing time: 4/13/2024 2:39:42 PM 3 this ground only, the petition is liable to be allowed. 4 . Counsel for the respondents/State, who was directed to take instructions in the matter has conceded that before passing the impugned order, no opportunity of hearing was given to the petitioner.
5. In view of the same, the impugned orders dated 13.02.2024 and 07.03.2024 are hereby quashed and it is directed to the respondents to issue a proper notice, in accordance with law, to the petitioner and only after the response of the petitioner is received, it should be decided in accordance with law.
6. Since the petitioner's shop has been sealed by the respondents, it is also directed that the shop of the petitioner be unsealed immediately and appropriate action may be taken as directed by this Court herein above.
7. It is made clear that this Court has not reflected upon the merits of the case.
8. With the aforesaid, this petition stands allowed and disposed of."
In view of the aforesaid order in order to maintain parity, this petition is disposed of with direction that the judgment passed in W.P.No.6635/2024 will apply mutatis mutandis to the present petition with full force.
With this direction, present petition is disposed of (VINAY SARAF) JUDGE P/-
Signature Not Verified Signed by: PREETI TIWARI Signing time: 4/13/2024 2:39:42 PM