Bombay High Court
Ram S/O Ambadas Agrawal vs The Union Of India, Thr. Secy. Ministry ... on 17 July, 2025
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2025:BHC-NAG:6892-DB
1 2.CAW.1489-25 IN WP.924-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAW) NO. 1489 OF 2025
IN
WRIT PETITION NO. 924 OF 2025(D)
( Ram S/o Ambadas Agrawal
Vs.
The Union of India, Thr. its Secretary, Thr. Ministry of Commerce and
Industries, Petroleum and Explosives Safety Organization (PESO),
Nagpur & Ors. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. S.S. Sharma, Advocate for the Petitioner.
Mr. N.S. Deshpande, DSGI for the Respondent Nos. 1 to 3.
Ms. Kalyani Marpakwar, AGP for the Respondent Nos. 4 to 6/State.
Mr. P.P. Deshmukh, Advocate for the Respondent No.7.
CORAM: NITIN W. SAMBRE, AND
M.M. NERLIKAR, JJ.
DATED : 17th JULY, 2025
1. Replace paragraphs 5 and 6 of the order dated 08.07.2025 with the following paragraphs as under:
"5. The Division Bench of this Court while deciding Writ Petition No. 1177/2020 on 02.12.2021 has already declared that the Government Resolution dated 19.12.2018 is ultra vires to the Explosives Rules, 2008 in particular, Rule 103 of the said Rules and accordingly quashed the same.
6. A further direction was issued by 2 2.CAW.1489-25 IN WP.924-25.odt remanding the matter back to the Respondent No.4/District Magistrate i.e. the Collector of the District to consider the case in the light of the provisions of Rule 103 of the Explosives Rules, 2008.
7. Though the prayer for adjournment is sought by the learned AGP, we are of the view that since the issue is settled by the judgment in Writ Petition No. 1177/2020 (Mintech Explochem India LLP Vs. The Union of India and others), we deem it appropriate to allow the Writ Petition.
8. We direct the District Magistrate to take the decision afresh in the light of Rule 103 of the Explosives Rules, 2008. We permit the Petitioner to appear before the District Magistrate on 29.07.2025, who is directed to take decision and communicate the same within a period of three weeks thereafter."
2. The order dated 08.07.2025 is corrected accordingly and corrected order be uploaded.
3. The Application stands allowed in the above terms.
(M.M. NERLIKAR) (NITIN W. SAMBRE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 18/07/2025 15:20:01