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Judgment
The petitioner, who claims to have been issued a licence for possession and sale of the fireworks, crackers and sparkles is before this Court, being aggrieved by the endorsement dated 11.06.2026 issued by respondent No.1.
Learned counsel for the petitioner submits that the said endorsement has been issued in the light of Standard Operating Procedure issued by the Karnataka Fire and Emergency Services Department dated 01.02.2024. He brings to the notice of this Court, the notification dated 02.03.2026, produced at Annexure-N to the writ petition and points out that, in terms of the said notification, an exception has been provided by exempting existing fireworks shops covered under licence Form LE-5 from the application of the provisions of Sub-Rules (4) and (5) of Rule 86 of the Explosive Rules, 2008. He submits that the petitioner has been issued a licence in Form LE-5 and, therefore, the said exception would come to the aid of the petitioner in respect of the application of the Standard Operating Procedure relied upon by respondent No.1 while issuing the impugned endorsement. Hence, seeks for allowing the petition.
Learned HCGP submits that the matter will be relooked and if the petitioner makes out that his case would fall within the exception provided under the notification referred to above, appropriate order in this regard will be passed.
Submission placed on record.
Accordingly, the petition is allowed.
Impugned endorsement is quashed.
Matter is remitted to respondent No.1, who shall afford an opportunity to the petitioner and pass appropriate orders, specifically with reference to the notification dated 02.03.2026 produced by the petitioner, wherein an exception seemed to have been granted from the application of provisions of Sub-Rules (4) and (5) of Rule 86 the Explosive Rules, 2008, in respect of the existing fireworks shops covered under licence Form LE-5.
If, upon such consideration, respondent No.1 finds that the petitioner is holding a valid licence in Form LE-5 and that the exception provided under the aforesaid notification is applicable, the appropriate order shall be passed within the outer limit of 7 days from the date of receipt of copy of this order.