Madhya Pradesh High Court
Abbas Ali vs The State Of Madhya Pradesh on 18 November, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
WP No.24042/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Writ Petition No.24042/2021
(Abbas Ali s/o Hazi Saifuddin
Versus
The State of Madhya Pradesh & others)
Indore, Dated 18.11.2021
Ms. Poorva Mahajan, learned counsel for the petitioner.
Ms. Archana Kher, learned Deputy Advocate General for the
respondent / State of Madhya Pradesh, on advance notice.
Heard on the question of admission and grant of interim relief.
ORDER
By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking the following relief (s): -
"7.1 Issue appropriate writ, direction or order directing the Respondents to unseal and open the "shot in question", per- mitting the Petitioner to carry his business of sale of fire crackers from the same;
7.2 Issue any other appropriate writ, direction or order, which this Hon'ble Court deems just and fair in the facts and circumstances of the case."
2. The grievance of the petitioner is that he is having a valid license under the provisions of Explosive Act, 1884 as also Explosive Rules, 2008 issued by the Deputy Chief Controller of Explosive, Bhopal to sell firecrackers which is valid up to 31.03.2025 vide license dated 20.05.1971 (Annexure P/1). However, the respondents have abruptly, without passing any order or issuing any show cause notice, sealed business premises (shop in question) of the petitioner.
2WP No.24042/2021
3. Learned Counsel for the petitioner submits that the issue involved in this petition has already been decided by a co-ordinate bench of this Court in Writ Petition No.24043 of 2021 in the case of Malwa Fire Works through its Partner Mr. Mohammad Ali s/o Shri Mohsin Ali v. The State of Madhya Pradesh and others on 18.11.2021. The aforesaid order reads thus:-
"The petitioner has filed the present petition being aggrieved by the inaction on the part of respondents by which the re- spondents had seized the licensed fire cracker shop before the diwali festival. Although no order has been passed in re- spect of seizure by the respondents. Thereafter all of a sud- den without intimating the petitioner, the respondents has sealed the shop which has resulted in closure of the shop de- spite having the valid licence to run the shop till 31.03.2023. The petitioner has placed reliance on interim order dated 26.11.2012 passed in Writ Petition No.10859/2012 hence this Court has permitted the petitioner to carry sale of fire crackers.
Learned counsel for the petitioner submits that in compliance of aforesaid interim order the seal has been removed from the shop and the petitioner is permitted to carry out his busi- ness. Now the diwali festival is over and the petitioner must have sold out all the crackers. Nothing survives in this peti- tion now as no reply is filed till date.
Hence, the interim order dated 29.10.2021 is hereby made absolute. In future, if the respondents are having any griev- ance in respect of running the shop, they are free to take ap- propriate action in accordance with law. Accordingly the pe- tition is allowed. No order as to costs."
4. Since the present case stands on the same footing, therefore, the present petition is also disposed off on the same terms by holding that the direction issued in the case of Malwa Fire Works through its Partner Mr. Mohammad Ali s/o Shri Mohsin Ali v. The State of Madhya Pradesh and others (supra) will apply 3 WP No.24042/2021 mutatis mutandis in the present case also.
5. As a result, Writ Petition No.24042/2021 stands disposed of.
(Subodh Abhyankar) Judge Pithawe RC RAMESH CHANDRA PITHWE 2021.11.24 14:19:38 +05'30'