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Judgment
Cheekati Manavendranath Roy, J
1) This Writ Petition for mandamus is filed by the petitioner seeking direction to respondent police officials not to interfere with his business activity of manufacturing fireworks pending his application for renewal of his licence before the competent authority.
2) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1, 3 and 4.
3) It is not disputed before this Court that the petitioner was granted licence earlier for manufacturing fireworks. On the basis of the said licence, he has been carrying on his business of manufacturing fireworks. It is also not disputed before this Court that the petitioner has submitted his application well in advance for renewal of his licence before the competent authority. It is stated that the said application is pending before the 2nd respondent – District Collector, Anakapalli, for renewal of the said licence.
4) Now the main grievance of the writ petitioner is that during the pendency of his application for renewal of his licence that the respondent – police officials are interfering with his business activity.
5) The Common High Court in a similar nature of case in Writ Petition No.30915 of 2016 while considering the grievance of the writ petitioners that the police officials are interfering with their business activity during the pendency of their application for renewal of the licence with the competent authority, passed the following order on 18.10.2016:
“The respondents 4 & 5 are directed not to interfere with the business activities of the petitioners if it is established by the petitioners that they are having valid licences or they have already applied before the competent authority seeking extension of licences.”
6) Therefore, the petitioner, who is similarly placed, is also entitled for the said relief in this Writ Petition. In view of the aforesaid order of the Common High Court passed in Writ Petition No.30915 of 2016, this Writ Petition is allowed directing respondents 3 and 4 – 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 in carrying the said business activity i.e., i) keeping a foreman at the premises in question ii) maintaining distance between the fireworks manufacturing room to the storage room of not less than 45 meters iii) maintaining electricity supply in the rooms iv) maintaining a distance of 45 meters of the manufacturing unit from the road v) wearing proper footwear in the premises. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.