Jharkhand High Court
Ajit Kumar Agarwal vs The Union Of India Through The Chief ... on 1 August, 2016
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P. (C) No. 4104 of 2016
Ajit Kumar Agarwal ... ... ... Petitioner
Versus
1.The Union of India through the Chief Controller of
Explosives, Ministry of Commerce and Industries,
Petroleum and Explosives Safety Organization (PESO)
(formerly known as Department of Explosives) having its
office A-Block, CGO, Complex, 5th Floor, Seminary Hills,
P.O. And P.S. Nagpur
2.Deputy Chief Controller of Explosives, Ministry of Commerce
and Industries, Petroleum and Explosives Safety Organization
(PESO), having its office at 3rd Floor Sri Mohan, Sita Compound,
5-Main Road Behind Sushila Automibiles Ranchi
3.Controller of Explosives, Ranchi
4.The State of Jharkhand through Deputy Commissionr, Ramgarh
... ... ... Respondents
CORAM: THE HON'BLE MR. JUSTICE APARESH KUMAR SINGH
............
For the Petitioner : Mr. Indrajit Sinha, Advocate
For the Respondents : Mr. Rajiv Anand
2/01.08.2016Heard counsel for the parties.
The only prayer of the petitioner is to direct the competent authority under the Explosives Act 1884 and the Explosives Rules 2008 framed thereunder to allow the petitioner to lift stock of explosive stored in his godown and dispose of the same in terms of Rule 119 of the Explosive Rules 2008.
It is an admitted state of fact that petitioner had an explosive licence issued by the Joint Chief Controller of Explosives East Circle Office, Kolkata vide Annexure-1 dated 2nd December 2015. The said license has been cancelled by the competent authorities/controller of Explosives by order at Annexure-15 dated 21.06. 2016. Petitioner does not intend to challenge the same. He however relied upon the provisions of Rule 119 which is quoted hereunder, to seek appropriate direction from the licensing authority for its disposal as it may cause some hazard.
Section 119. Procedure on expiry, suspension or revocation or cancellation of licence.- (1) A licensee on the expiry, suspension or revocation or cancellation of the license shall forthwith give notice to the licensing authority, of the description and quantity of explosives in his possession and shall comply with the directions which the licensing authority may give in regard to their disposal.
Petitioner has though filed an application at Annexure-16 dated 14th July 2016 before the Deputy Chief Explosive Controller, Ranchi with a request to allow him to dispose the explosives, but as it appears, petitioner is required to fulfill certain conditions in terms of Rule 119 before making such application. Petitioner however undertakes to file a fresh application before the licensing authority in furtherance of the aforesaid prayer.
Learned counsel for the Respondents only submits that if the petitioner approaches the licensing authority with an appropriate application along with necessary facts, documents and description and quantity of explosives in his possession in the premises in question, it may be considered in accordance with law and the provisions of Section 119 within a reasonable time.
Considering the aforesaid statement of facts and the submission made, this writ petition is being disposed of with the observation that if the petitioner approaches the competent authorities/licensing authorities under Explosive Act 1884 and the Explosive Rules 2008 with the aforesaid prayer by way of representation, the same shall be considered in accordance with law preferably within a period of three weeks from the date of receipt of a copy of this order along with the said representation.
However, no observation is made on the merits of the case of the parties.
This writ petition is disposed of.
(Aparesh Kumar Singh, J.) Binit