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2021 DIGILAW 735 (AP)

Dasari Pentayya, S/o. Late Gurrayya v. State of Andhra Pradesh

2021-11-02

CHEEKATI MANAVENDRANATH ROY

body2021
ORDER : This Writ Petition is filed seeking mandamus declaring the action of the 4th respondent in interfering with the petitioner’s business activity of manufacturing fireworks while his application for renewal of licence is pending before the competent authority, as illegal, arbitrary, unjust and violative of Rule 112(5) of the Explosive Rules, 2008, and consequently, sought direction to the respondent police officials not to interfere with the petitioner’s business of manufacturing fireworks. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. 3. As per the facts pleaded by the petitioner, licence was granted to the petitioner earlier to manufacture fireworks in the year 2012. On the basis of the said license, the petitioner has been carrying on the business of manufacturing fireworks. The said license stood expired in the year 2016. However, even before expiry of the said license, the petitioner has submitted an application before the competent authority for renewal of the said license in the year 2016. The said application is still pending consideration before the competent authority and no orders either renewing the said license or rejecting the same has been passed till now. It is stated that the petitioner has been carrying on the said business from 2016 to 2020 pending application for renewal of license. However, the respondents are now objecting the petitioner to manufacture the fireworks. 4. Rule 112(5) of the Explosive Rules, 2008 reads as follows: “R.112(5). If the application for renewal reaches the renewing or licensing authority on or before the date of expiry, the licence shall be deemed to be in force until such date as the licensing authority renews the licence or until an intimation that the renewal of the licence is refused has been communicated to the applicant.” 5. In the instant case, the application submitted by the petitioner for renewal of licence in the year 2016 is still pending and no decision has been taken till now on it. Therefore, as per the aforesaid provision, the licence that was originally granted is deemed to be in force until an order rejecting the said application for renewal of licence was passed and the same is intimated to the petitioner. 6. Therefore, as per the aforesaid provision, the licence that was originally granted is deemed to be in force until an order rejecting the said application for renewal of licence was passed and the same is intimated to the petitioner. 6. Even though, learned Assistant Government Pleader for Home would submit that at present there is no licence in favour of the petitioner to manufacture fireworks from the year 2016 and except paying challen for renewal of the licence, no other material is produced before the Court to show that the renewal application was pending consideration with the competent authority. 7. As already noticed supra, the fact that licence was originally granted to the petitioner in the year 2012 is not disputed. As per the material available on record, it is evident that the petitioner has submitted an application for renewal of the licence to the Revenue Divisional Officer, Visakhapatnam. Challan was also paid as required under the Rules. 8. Therefore, in the said facts and circumstances of the case, Rule 112(5) of the Explosive Rules, 2008, clearly comes into play and it shall be deemed that the licence is in force as no decision has been taken on the said renewal application. 9. Further, earlier the common High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in W.P.No.30915 of 2016 on 18.10.2016, while considering the similar grievance, ordered the respondent police officials therein not to interfere with the business activity of the petitioners therein. On the basis of the said order, recently, this Court again in W.P.No.24217 of 2021 passed a similar order. Therefore, the petitioner, who is similarly placed, is also entitled for the same relief. 10. Resultantly, the Writ Petition is allowed directing the respondent police officials not to interfere with the business activity of the petitioner in manufacturing fireworks during pendency of his application for renewal of licence. However, the petitioner shall comply with the other requirements contemplated under law as held in the order passed in W.P.No.24217 of 2021, dated 28.10.2021. No costs. Consequently, miscellaneous applications, pending if any, shall stand closed.