Gujarat High Court
Vrundavan Dharamsinhbhai Raja vs State Of Gujarat on 1 July, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/2075/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2075 of 2015
With
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO.
1 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 2075 of 2015
=============================================
VRUNDAVAN DHARAMSINHBHAI RAJA
Versus
STATE OF GUJARAT & 1 other(s)
=============================================
Appearance:
MR JAYESH A KOTECHA(5293) for the Petitioner(s) No. 1
MR. DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1,2
=============================================
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 01/07/2019
ORAL ORDER
1. RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent-state.
2. This petition is filed under Article-226 of the Constitution of India for quashing and setting aside the impugned order dated 26-11-2013 passed by the Collector and District Magistrate, Junagadh and order dated 25-02-2014 passed by the Secretary, Home Department.
3. The subject matter pertains to license for running fire crackers shop at the addressed mentioned in the title.
4. Learned Advocate for the petitioner has raised contention that the Authorities have not examined the case of the petitioner. From the angle of safety, Local body has issued Page 1 of 3 Downloaded on : Mon Jul 01 23:21:00 IST 2019 C/SCA/2075/2015 ORDER certificate to the extent that in case of emergency, the Fire Fighting vehicles are able to reach to the shop of the petitioner. He also submitted that respondents have themselves granted license to shop, which is opposite to the shop of the petitioner and therefore, the petitioner is discriminated by the Authorities.
5. Learned AGP opposed to the grant of petition and submitted that impugned orders were passed on the basis of the requirement of law as the Explosives Rules, 2008 provide for particular dimension of the shop and the petitioner does not have storage area.
6. Having considered the rival submissions and having perused the documents on record, the Court is inclined to remand the application on the ground that the petitioner has been running fire crackers shop with duly issued license by the Authorities since 1984. The Court has also considered the contention that another shop which is opposite to the shop of the petitioner having similar dimension, has been issued that license and therefore, is operating and carrying out of sale of fire crackers from that place. The Court also deems it fit to remand the application to the License Issuing Authority to reconsider the case of the petitioner by considering the development in the area as well as technology for fire safety and fire fighting equipments.
7. In view of the aforesaid, the Petition stands allowed to the aforesaid extent. The impugned order dated 26-11-2013 passed by the Collector and District Magistrate, Junagadh and order dated 25-02-2014 passed by the Secretary, Home Page 2 of 3 Downloaded on : Mon Jul 01 23:21:00 IST 2019 C/SCA/2075/2015 ORDER Department, are quashed and set aside. The respondent No.2 is directed to consider the case of the petitioner on the basis as mentioned in this order. Such exercise to be undertaken within period of four weeks after granting an opportunity of hearing to the petitioner. Rule is made absolute.
8. In view of the order passed in the main matter, the Civil Application stands disposed of.
Direct service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA Page 3 of 3 Downloaded on : Mon Jul 01 23:21:00 IST 2019