Ashok Kumar, J. - (1.) Heard Sri Rakesh Bahadur, learned counsel for petitioner, Sri Anand Prakash Srivastava and Sri Jitendra Prasad Mishra, learned counsel representing respondent nos. 4 to 7 and learned standing counsel.
(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the order dated 31.10.2017 passed by the City Magistrate/ In-charge Officer, Audh, Varanasi canceling "No Objection Certificate" (hereinafter referred to as "NOC") dated 22.12.2009 issued to the petitioner for storage and sale of fireworks in Shop No. CK-66/5-A, Beniyabhag, Police Station Chowk, Varanasi. The petitioner has also challenged the consequential proceedings which are being carried out by the respondents authorities and therefore, has prayed that the respondent no.2 be restrained and directed not take any coercive action with regard to the functioning of business of the petitioner.
(3.) The facts which are not in dispute as is evident from the pleadings are that the petitioner applied for storage and sale of fireworks in the aforesaid shop in the year 1999. Based on the report of the Collector dated 5.3.1993 given to the State Government, an application was filed by the petitioner, who is the proprietor of M/s. Hindustan Fireworks CK-66/5-A, Beniyabhag, Police Station Chowk, Varanasi whereupon, reports were sent and the then City Magistrate, Varanasi submitted a report recommending grant of licence for sale of explosive in favour of the petitioner on 14.10.1999 and on the said report, the then District Magistrate, Varanasi, granted a licence to the petitioner for storage and sale of explosive.;