Petition seeking fireworks licence in INA market sheds was dismissed as withdrawn by petitioners with liberty to challenge relevant Rules. No substantive ruling on legality of restrictions.
Liberty reserved to challenge Rule 84 of Explosives Rules, 2008.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~20
versus
THE COMMISSIONER OF POLICE AND ANR..... Respondents Through : Mr. Siddhartha Shankar Ray, Advocate. SI Sanjiv Kumar, PS.K.M.Pur.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 06.10.2016 W.P.(C) 9203/2016 & CM No.37201/2016(stay)
The petitioners seek a direction to the respondent to issue temporary licence for selling fireworks and crackers in temporary sheds near INA market.
Learned counsel for the respondent submits that as the temporary sheds are within 50 metres of "protected works" as defined under Rule 2(43) of the Explosives Rules, 2008, in terms of Rule 84, the permission cannot be granted.
Learned counsel for the petitioners prays for leave to withdraw the petition with liberty to challenge Rule 84 of the said Rules, inasmuch as the said condition is not there in Rule 83, and also to seek the same relief in the said petition.
WP(C) 9203/2016
Page 1
In view of the above, the writ petition is accordingly dismissed as withdrawn reserving the liberty of the petitioner as prayed for. Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 06, 2016 ‘sn’
WP(C) 9203/2016
Page 2
Ashish Gulati And Ors.
The Commissioner of Police And ANR.
Sanjeev Sachdeva
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
