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USMAAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Usmaan v. State Of U.P. And Others - WRIT - C No. 13982 of 2006 [2006] RD-AH 5659 (8 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No.  13982 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Connect with Writ Petition No. 13973 of 2006.

Some similar orders has been passed by us in other writ petitions and, therefore, we issue the interim direction as follows after hearing learned counsel for the petitioner and the learned standing counsel. The standing counsel may file a counter affidavit within a month. List thereafter.

In the meantime, operation of the impugned cancellation order dated 28th November 2005 will remain stayed on the ground that it has been passed without opportunity of hearing being given to the petitioner.

A perusal of the impugned order dated 28.11.2005 indicates that the explosives licence of the petitioner has been cancelled on the ground that his fire works manufacturing unit is located in a populated area, which is a hazard to the people living nearby in case of an accidental fire or explosion.

We, therefore, direct the licensing authority to give the full facts in the form of a notice to the petitioner indicating the hazard and requiring the petitioner to indicate a place outside the abadi where the petitioner's manufacturing unit can be shifted. If such a place is indicated by the petitioner, the same will be examined by the licensing authority about suitability and if found suitable, the licensing authority will permit the petitioner to shit his manufacturing unit to the new site and the licence will be amended accordingly in respect of the place of manufacture.

However, if the petitioner fails to indicate the new place or if he fails to shift the unit, it will be open to the licensing authority to pass a fresh order suspending or cancelling the licence as the case may be, in public interest.

Dated : March 8, 2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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