Gujarat High Court
Lokesh Dilipbhai Raniya vs State Of Gujarat on 19 February, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/3897/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3897 of 2020
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LOKESH DILIPBHAI RANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner
MR KM ANTANI, AGP for Respondents
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 19/02/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India with a prayer to direct the respondent No.1-authority to hear and dispose of appeal and stay application filed by the petitioner against order dated 18.01.2020 as expeditiously as possible.
2. Learned Advocate for the petitioner submitted that the petitioner is having licence under the Explosive Act, 1884 issued by the authorities for storage and sale of firecrackers. The said licence is renewed up to 31.03.2020. It is submitted that in July 2019, firecracker consignment meant for other licence holders /consignees was sent from Shivakashi, Talim Nadu and the said consignment arrived at Navsari. However, due to heavy rain and flood situation, other licence holders /consignees were not able to unload the truck and the said consignment was received by the petitioner. Page 1 of 3 Downloaded on : Fri Feb 21 00:02:26 IST 2020 C/SCA/3897/2020 ORDER However, he has nothing to do with the said consignment of firecrackers. It is submitted that due to this incident, FIR came to be filed against the petitioner being II-CR No.774 of 2019. It is submitted that due to filing of FIR, without hearing the petitioner, Additional District Magistrate, Navsari cancelled the licence of the petitioner by order dated 13.08.2019. Against the said order, the petitioner preferred appeal before the Home Department. The Joint Secretary, Home Department was pleased to quash the order of the Additional District Magistrate, Navsari and remanded the matter to the concerned authorities by order dated 18.10.2019. 2.1 It is submitted that after remand, the petitioner again remained present before the authority. However, the Additional District Magistrate by order dated 18.01.2020 was pleased to revive order dated 13.08.2019, which was quashed and set aside the by the Home Department. It is submitted that being aggrieved by said order dated 18.01.2020, the petitioner again preferred appeal before the Home Department along with stay application, which is pending.
2.2 It is submitted that the petitioner requested the office of respondent No.1-Secretary, Home Department to hear and dispose of the appeal of the petitioner as expeditiously as possible as there is great urgency on Page 2 of 3 Downloaded on : Fri Feb 21 00:02:26 IST 2020 C/SCA/3897/2020 ORDER the part of the petitioner. It is submitted that this being a marriage season and as licence of the petitioner is cancelled, he is not able to sell firecrackers and earn his livelihood.
2.3 It is submitted that the present petition is filed only with a limited prayer to direct the respondent-authority to decide the said appeal and stay application in time bound manner.
3. Learned AGP submitted that if the Court is inclined to entertain the petition by directing the authority to decide appeal in time bound manner, he has no objection.
4. In view of the above, the respondent-authority is directed to decide appeal and stay application filed by the petitioner as expeditiously as possible, but not later than 8 weeks from the date of receipt of this order and in accordance with law and after giving opportunity of hearing to the petitioner.
5. With the aforesaid direction, the petition stands disposed of.
Direct service is permitted.
(A.Y. KOGJE, J) SHITOLE Page 3 of 3 Downloaded on : Fri Feb 21 00:02:26 IST 2020