Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20409-DB Court No. - 29 Case :- WRIT - C No. - 38635 of 2024 Petitioner :- Chandrabhan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rakesh Kumar,Suyash Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Petitioner has a valid licence from the District Administration, Fatehpur for establishing a shop and selling fire crackers at Fatehpur. This licence subsists. The District Magistrate, Fatehpur vide his order impugned has suspended the licence on the allegation that sale of fire crackers is within the residential area and is a security hazard. The subsequent part of the order calls upon the petitioner to set up his unit at some other place.
Learned counsel for the petitioner states that neither any notice, nor any opportunity has been given to the petitioner and the procedure for cancellation of licence has not been followed in accordance with the Explosives Rules, 2008. Contention is that merely on the oral directions of the Circle OfÏcer, City, such an order could not have been passed. From the materials placed on record, it is apparent that before passing the
order impugned no opportunity has been given to the petitioner. It is also admitted on record that the petitioner is running his shop at the location specified in the licence and there is no violation of the licence, otherwise. Faced with the above observation, learned Standing Counsel comes up with the prayer to permit the authority concerned to revisit the matter. In the facts of the case, we find that suspension of petitioner's licence as well as direction to shift his shop at some other place without affording an opportunity of hearing and without pointing out any violation in the terms of the licence, cannot be sustained. Consequently, the order impugned, dated 20th October, 2024, is quashed and the writ petition, accordingly, is allowed. Liberty stands reserved to the respondents to proceed afresh, in accordance with law, after issuing notice and affording reasonable opportunity to the petitioner to submit his reply to the allegations made with regard to running of shop in a densely populated area and causing security hazard.
Order Date :- 13.2.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad