Allahabad High Court
Manoj Kumar Jain vs The Union Of India And 4 Others on 15 July, 2019
Bench: Shashi Kant Gupta, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - C No. - 22354 of 2019 Petitioner :- Manoj Kumar Jain Respondent :- The Union Of India And 4 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- A.S.G.I. Hon'ble Shashi Kant Gupta,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner, Mr. Om Prakash Gupta, learned counsel for the respondents no. 1 to 4 and learned Standing counsel for respondent no. 5.
This writ petition has been filed, inter alia, for the following relief:
" issue a writ, order or direction in the nature of mandamus commanding the respondents and their subordinates etc. to expeditiously decide dispute regarding suspension of licence of the petitioner being U.P Licence no. E/CC/UP/24/ 77( E8357) granted in Form LE-5 of the Explosive Rules, 2008, keeping in view judgement dated 2.8.2018 of this Hon'ble Court in writ petition no. 25305 of 2018 , Manoj Kumar Jain Vs. Union of India and others."
From perusal of the record, it transpires that for redressal of his grievances, the petitioner had earlier filed a writ petition, being Writ-C No. 25305 of 2018, Manoj Kumar Jain Vs. Union of India and others, which was disposed of by this court on 2.8.2018 with certain directions, which , inter alia, runs as under:
"Under the circumstances, without expressing any opinion on the merits of the case, we consider it appropriate to dispose of this petition by requiring the Joint Controller of Explosives, Agra (respondent no.3) to take a final decision in the matter after complying with the direction of the Appellate Authority and after considering the explanation/submission of the petitioner and after ascertaining whether running of the business by the petitioner at the place specified in the licence would be a violation of the Explosives Rules, 2008 or not. Such decision be taken within a period of eight weeks from the date of filing of certified copy of this order in the office of the respondent no.3".
Learned counsel for the petitioner submits that despite specific order of this court passed on 2.8.2018 directing the authority concerned i.e. respondent no. 3 to take a final decision in the matter after complying with the direction of the appellate authority and after considering the explanation/ submission of the petitioner, till date the respondent no. 3 has not take any decision in the matter and is sleeping over the matter.
The record reveals that although the aforesaid writ petition was disposed of with certain directions to the respondent no. 3 way back in the year 2018 but till date no decision appears to have been taken by the authority concerned. If the petitioner had any grievance against the respondents for not complying with the order passed by this court, he should have approached this court for initiating contempt proceedings against the authority concerned in accordance with law, but the petitioner instead of taking such proceedings, chose to approach this court again by filing a second writ petition for the same relief,which is not maintainable.
In view of the above, we do not see any justification to interfere in the matter. The writ petition is accordingly dismissed.
However, it is expected that the respondent no. 3 shall do the needful in accordance with law in the matter in pursuance of the earlier order of this court dated 2.8.2018.
Order Date :- 15.7.2019 MLK