ASISH BARAN MUKHERJEE, J - (1.) Two matters were heard together. One is an application filed by Mohan Fire Works and Chandan Golcha carrying on the business under the name and style of Chandan Mal Golcha for addition of party respondents in the disposed of Writ Application in C.O. No. 4303(W) of 1995 with a prayer for stay of the operation of the Memo No. 1039 dated 28th October, 1996 as well as Police Notification dated 2nd November, 1996 and to permit or allow manufacture, sell, dealing and/or trading and storing of fire works without any restriction and also to permit or allow bursting of fire works/caters of less than 90 dB at 5 kilo metre distance from the site of bursting without any restriction whatsoever. The other one is a writ application filed by Burrabazar Fire Works Dealers' Association against the imposition of ban on certain items of noisy fire works on the ground that the same violates the fundamental rights of the fire works Dealers to carry on trade and business guaranteed under Article 19(1)(g) of the Constitution of India.
(2.) . As the same questions of fact and law involved, two cases were heard together and disposed of by a judgment. Though there is no scope for addition of party respondent in a disposed of writ application as the matter is heard along with another independent matter without formally adding them parties, their counsels were heard at length on the basis of the facts, figures and the law on the subject as the matter is of great public importance.
(3.) Mr. S. K. Kapoor with Mr. Debol Banerjee appeared for the applicant Mohan Fire Works and Mr. Sakti Nath Mukherjee appeared for the writ petitioner Burrabazar Fire Works Dealers' Association.;