t.i !111; HIGH COURT OF CHHATTISGARItATBILASPUR , WRIT PETITION No. 239 of2004 PETITIONER - : Ashok Kumar Devnani S/o Late Hariram Devnani, Aged about 47 years, R/o Amapara, Kanker, Distt: Kanker (CG) VERSUS RESPONDENTS • : 1. State of Chhattisgarh Through the Commissioner, Bastar Division, Now: Chhattisgarh Revenue Board, Circuit Court Jagdalpur (CG) 2. Collector Kanker, Distt: Kanker (GG) 3. Sub Divisional Magistrate, Kanker, Distt: . Ranker(CG) . WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF WDIA SB: Hon'ble Shri Satish K. Asnihotri, J. Present: Shri PankajShrivastava, Advocate for the petitioner. Shri M.P.S.Bhatia, Deputy Govemment Advocate for the State/respondenfs. ORDERYORAL) (Passed on 08th day of August, 2009) 1. By this petition, the petitioner challenges the legality and validity of the order dated 2 November, 2002 (Annexure P/9) passed in Appeal No. 67/8-121/01-02 by the Commissioner, Division Bastat. 2. The facts, as projected by the petitioner, in nutshell are that a license for dealmg/sellmg fire crackers granted tothepetitioneron 31.03.1999 (Annexure P/2), was cancelled by the Sub Divisional Magista-ate, ^ • .'• • ^' - Kanker, vide order dated 12 November, 2001 (Annexure P/6) holding that the petrtioner has not taken proper care in dealingwithithe fireworks as proper security measures were not adopted, wlrich may lead to damages to the life and property. Accordingly, the license -. issued to the petitioner was cancelled. Being aggrieved, the petiticiner i preferred an. appeal to theColleetor, Kanker which was also dismisseS on 28 February, 2002. Against the said drder passedby theiColtec^ctij^ the petitioneri preferred an appeal before the Comnussipnea',: E)i^is|S)ni; j 't ) 8! ':1: ' i.4 .t*iA*tUt.li*i Ainit Bastar, being Appeal No. 67/B-121/01-02Which was also dismissed on 2 November, 2002 (Annexure P/9) confirming the orders passed by the Sub Divisional Magistrate and the Collector. Shri Bhatia, leamed counsel appearing for the State/respondents submits that the rules and regulations with regard to selling of firecrackers have undergone a substantial change and as such, if a fresh application is made by the petitioner for the purpose ofgrant of license for selling fire crackers, the application shall be considered in accordance with the existing rules and regulations and executive instaT].ctions,Without being influenced by thelpast conduct of the petitioner, as observed by the resppndent authorities in their orders dated 2nd November, 2002 (Annexure P/9) and 12th November, 2001 (AnnexureP/6). In view ofthe foregoing, accordiag to leamed counsel appeaEing for the petitioner, nothing remains for adjudication in this matter. Consequently, t&e writpetition is disposed of. Sd/- Satish K. AgMho® Judge