- (1.) B. S. Chauhan, J. This writ petition has been filed for quashing order dated 12-9-2003 (Annexure-17), by which the District Magistrate, Ghaziabad has issued a direction to the petitioner to shift his premises for carrying on the business of the fireworks out of the residential area, otherwise his licence shall be deemed not to have been renewed and further to issue a direction to the respondents not to interfere with his business inside the city.
(2.) FACTS and circumstances giving rise to this case are that petitioner is a licence holder for fireworks and it was valid only upto 31st March, 2003. In June 2000, need was felt that the licence under the provisions of the Explosives Act, 1884, should be shifted outside the residential/congested area and they should not be permitted to have their business within the densely populated area for the purpose of security and in larger public interest. Show-cause notice was issued to the petitioner alongwith other similarly situated persons and after giving an opportunity of hearing to him vide order dated 21-6-2000, (Annexure-1), the licence of the petitioner was cancelled. However, it was made clear that within a period of 15 days, the licence holders should clear off their stock and after shifting their business outside the congested area, then they will be entitled to apply for the licence a fresh. Being aggrieved and dis-satisfied, some of the licensees approached the appellate Court i. e. , Divisional Commissioner, Meerut and the matter was disposed of vide order dated 13-11- 2000, issuing a direction that in case licensees are willing to shift their business outside the congested area, they may be entitled for having a fresh licence, but to examine their grievances, it was directed to have a committee of officers including the City Magistrate, Police Officers and Fire Officer, and to examine as to whether it was in public interest to permit them to have their business on the places outside the residential area and then to consider their application for licenxce. A similar order was passed in another connected appeal on 6th July, 2001, however, on 12-11-2001, the appeal was considered by the Divisional Commissioner, imposing certain conditions including the condition that the licensees shall shift out of the congested area. The issue was again considered by the District Collector in respect of 23 licensees, it was held that under certain circumstances the order of the Divisional Commissioner, that the licence of the licensees are being renewed only upto 31-3-2002, and it pointed out that there will be committee of officials consisting of the Additional City Magistrate, Circle Officer, Police Station, Ghaziabad and Fire Officers and they were directed to submit a report.
(3.) THE Divisional Commissioner again passed an order dated 8-8- 2003, directing the District Collector to decide the applications for renewal within a period of 30 days, on the basis of the report submitted by the committee and in case no order is passed, the licences shall be deemed to be automatically renewed. In pursuance of the order, the impugned order dated 12/15-9-2003, has been passed by the District Magistrate directing the petitioner and others not to run the business in the congested area which is thickly populated and in case they are willing to shift outside the city, applications for their renewal shall be considered, otherwise it will be deemed to have been rejected. Hence this petition. Learned Counsel for the petitioner Shri V. P. Srivastava, has submitted that the petitioner cannot be asked to close his business at the festival times i. e. , Dussehra and Diwali, which is the most conducive period for the business and more so, it is difficult for the petitioner to get an alternative accommodation outside the thickly populated area within such a short period. The order is neither rejecting the application for renewal nor renewing the application and the act does not envisage for passing such an order, therefore, the order is liable to be quashed.;