Court No. - 33
Case :- WRIT - C No. - 18999 of 2019 Petitioner :- Anwar Ahmad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kashif Gilani,Sartaj Ahmad Gilani Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 and 2.
The petitioner held a license for sale of fire crackers, which was valid till 31st March, 2018. It appears that during the period of licence, the District Magistrate, Saharanpur served a notice upon the petitioner calling him to shift the place of his business keeping in mind that the existing place of business was a busy locality, which was not suitable for sale of fire crackers.
It appears that as the petitioner had some difficulty in shifting his place of business, he requested the authority to allow him to continue his business from the existing place.
In the meantime, another notice was served upon the petitioner expressing inability of the administration to allow him to continue business from the existing place.
At this stage, the petitioner has filed this petition with a prayer that the respondents be directed not to interfere in the peaceful running of business by the petitioner and to renew his existing license.
Learned counsel for the respondents submitted that, admittedly, the license has expired on 31st March, 2018 and, therefore, no direction can be issued to the respondents not to interfere in running of the business.
Learned counsel for the respondents also submitted that considering the safety and security of the people, the administration has directed the petitioner to select/choose a place where the business of fire could be done without any danger to the public.
Be that as it may, as no final decision has yet been taken by the respondents on the prayer of the petitioner, we deem it appropriate to dispose off this petition by providing that the petitioner may make a comprehensive representation for grant/renewal of license which shall be considered by the respondents, in accordance with law, preferably, within a period of two months from the date of submission of such application along with certified copy of this order.
Order Date :- 30.5.2019 AKShukla/-