High Court Of ChhattisgarhWPC/1949/2019dismissed

M/S M N Roy And Sons v. Union Of India

2019-10-01Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1949 of 2019 M/s. M N Roy & Sons, Indian Oil Dealer, A Partnership Firm Through : Partner Prabir Kumar Naha Roy, PO. : Haldibari (Chirmiri), PS.: Chirimiri, Dist. : Korea (C.G.) ----Petitioner.

Versus

1. Union of India Through The Ministry of Commerce and Industries Udyog Bhawan, New Delhi, 110107.

2. Controller of Explosives Petroleum and Explosives Petroleum Safety Organisation (PESO) Awanti Vihar Colony, Main Road, Post : Shankar Nagar, Raipur (C.G.)

3. State of Chhattisgarh Through the Secretary, Department of Food and Civil Supplies, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (CG)

4. The Collector, Dist.: Korea (CG)

5. Indian Oil Corporation Ltd. Through the Senior Divisional Manager, Divisional Office, VIP Road, PO.: Ravigram, Telibandha, Raipur (C.G.) ----Respondents/Defendants.

For Petitioner : Shri Manoj Paranjpe & Shri Shashank Thakur, Advocate. For Respondent No. 1 : None present. For Respondents No. 3 & 4 : Shri Mateen Siddiqui, Dy. Advocate General. For Respondent No. 5 : Shri Anand Shukla, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/10/2019 (1) Learned counsel appearing for the petitioner would submit that by the order dated 29.04.2019, petitioner's explosive licence was suspended by respondent No. 2 and that has already come to an end after expiry of period of three months as per Rule 152 (b) of the Petroleum Rules, 2002 (henceforth "Rules, 2002") and, therefore,

the petition may be disposed of reserving liberty in favour of the petitioner to file fresh application for renewal of licence before the Controller of Explosives Petroleum And Explosive Safety Organization.

(2) I have heard learned counsel appearing for the petitioner. (3) Be that as it may, since the suspension period of the explosive licence has already come to an end by virtue of provisions contained in Rule 152(b) of the Rules, 2002, the writ petition stands disposed of reserving liberty in favour of the petitioner to file fresh application for renewal of the license in accordance with Rules, 2002. If such an application is filed by the petitioner, the same shall be considered and decided by aforesaid authority in accordance with law expeditiously. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-