Madhya Pradesh High Court
M/S Babaji Fire Works Thru. Shabbir ... vs The State Of Madhya Pradesh on 10 October, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-7804-2015
(M/S BABAJI FIRE WORKS THRU. SHABBIR HUSSAIN NAWAB Vs THE STATE OF MADHYA
PRADESH)
9
Indore, Dated : 10-10-2017
Shri Harish Pawar, learned counsel for petitioner.
Shri Peeyush Shrivastava, learned counsel for respondents.
Heard on IA No.5364/2017 which is an application for interim relief.
Learned counsel for petitioner pressing the application submits that on account of forthcoming Diwali festival the petitioner be permitted to display the samples of fire crackers in the premises and to that extent the impugned order be stayed. As against this, learned counsel counsel for respondents has opposed the I.A and has submitted that on the basis of permission to display the fire crackers in respect of other persons, the fire crackers were stored which had resulted into a tragedy when the fire broke out in recent past. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the petitioner's license was cancelled by the competent authority on the ground that the petitioner's shop is situated in the main residential and commercial area and, therefore, the premises is not suitable in view of the public safety. The appellate authority has affirmed the order and these orders have not been stayed by this court. At earlier occasion, for a limited period the petitioner was permitted to display the fire crackers in the premises, but having regard to the fact disclosed by the respondents about the recent accident and also considering the issue of public safety, I am of the opinion that the interim relief as prayed by the petitioner cannot be granted.
IA No.5364/2017 is accordingly rejected.
(PRAKASH SHRIVASTAVA) JUDGE