Allahabad High Court
Kamlesh Kumar Bajpai & Others vs State Of U.P.Through Addl.Chief Secy. ... on 27 January, 2020
Bench: Munishwar Nath Bhandari, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 2137 of 2020 Petitioner :- Kamlesh Kumar Bajpai & Others Respondent :- State Of U.P.Through Addl.Chief Secy. Home & Others Counsel for Petitioner :- Raghaw Ram Upadhyay,Rama Niwas Pathak Counsel for Respondent :- C.S.C. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Manish Kumar,J.
The writ petition has been filed to seek a direction for consideration of the application submitted by the petitioner for renewal of the licence for fireworks as per Rule 112 (5) of the Explosive Rules, 2008.
It is stated that the petitioner has made an application for renewal of the licence as per the Rules of 2008, but no decision on it has been taken thus, petitioner was left with no option but to prefer this writ petition.
Learned Standing Counsel has contested the writ petition. He submitted that the licence granted in favour of the petitioner was cancelled by the order dated 28.08.2019, as it has taken the maximum life of ten years as per Rule 106 of the Explosive Rules, 2008.
The order aforesaid was challenged by the petitioner through a Writ Petition (Misc. Bench) No.27606 of 2019. The writ petition was not pressed on that, rather it was disposed of in the light of the alternative prayer made by the petitioner. It was to allow the application for temporary licence. Despite the aforesaid, application for renewal was submitted. It was not permissible thus, no action was required to be taken at the instance of the respondents.
We have considered the submissions made by the learned counsel for the parties and perused the record.
It is a case where the petitioner was earlier granted licence for fireworks. The licence was renewed from time to time. On getting the maximum life of ten years, the licence was cancelled by the order dated 28.08.2019. Petitioner challenged the said order but instead of pressing the writ petition for its quashing, the prayer was made to allow an application for temporary licence.
The order dated 28.08.2019 has not been challenged in the present writ petition, despite the fact that it is adverse to the petitioner. The renewal of licence is not permissible after expiry of the period of ten years, thus was cancelled. The petitioner was given liberty to file a fresh application but instead of doing it, application for renewal of licence was submitted. It is despite of the fact that Rule 106 of the Explosive Rules, 2008 does not permit renewal of the licence after a period of ten years.
In the light of aforesaid, if no action has been taken on the application submitted by the petitioner for renewal of licence, we do not find any illegality on the part of the respondents. The application was not even maintainable, thus a direction for its consideration cannot be given contrary to the Rules. The petition is accordingly dismissed.
Order Date :- 27.1.2020 Zafar