Siddhartha Varma, J. - (1.) The petitioner's father Late Sri Abdul Gafur was running a Fire Work Shop where he used to sell fire crackers, namely, Sparklers, Flower Pots, Twinkling Stars, Confetti, Fountain, Sky Shots which were used for marriage processions and during the festival of Deepawali, from a premises numbered as 44/381, Rotiwali Gali, Police Station - Moolganj, District - Kanpur Nagar.
(2.) After the petitioner's father died on 31.8.2002, the Explosives Licence issued under the Act No. 4 of 1884 was transferred under the relevant Rules to the petitioner and was numbered as Licence No. 29 of 2002. On 1.11.2004, when the licence was cancelled, the Appellate Authority also confirmed the cancellation order. On 25.4.2005, the Revisional Court remanded the matter wherein again on 19.10.2006, the District Magistrate confirmed the earlier cancellation order and the Appellate Court on 9.5.2007 confirmed the order of the District Magistrate dated 19.10.2006. The revision filed by the petitioner on 2.7.2007 was also dismissed. Thereafter, the petitioner abandoned his efforts of running the shop from the earlier location and filed a fresh application on 10.3.2011 saying that he had changed the location of his shop from the earlier location which was at 44/381, Rotiwali Gali, Police Station- Mookganj, Kanpur Nagar, to 44/409 Nayee Sadak, Police Station - Moolganj, District - Kanpur Nagar and stated that it was situate on a 100 feet wide road and that it was a shop from where fire crackers could be sold without any danger to any neighbouring shops etc. and prayed that the earlier licence being licence no. 29/2002 be revived, after getting the Police and the Fire Department to see if the shop could be run in the premises where the petitioner was wanting to open the new shop.
(3.) The Police and the Fire Department on 20.1.2011 and 23.3.2011 submitted their reports and after considering the reports of the Police and the Fire Department, the application of the petitioner was, however, again rejected on 14.9.2011. The petitioner, thereafter, filed an appeal before the Commissioner, Kanpur Mandal, Kanpur, which again was rejected on 3.11.2012. Aggrieved thereof, the petitioner has filed the instant writ petition.;