1 wp10256-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10256 OF 2010 Husain K. Bohari ..Petitioner versus Additional District Magistrate, Nashik, through The State of Maharashtra ..Respondent Mr.Girish Kulkarni i/by Sandeep R. Waghmare for the petitioner. Mr.A.B.Vagyani, A.G.P for the respondent. CORAM : S.C.DHARMADHIKARI, J. 22nd July 2011. P.C.: . The petitioner applied for a renewal of the explosive licence, which application has been rejected and an appeal therefrom is already rejected, that is why this writ petition. 2 After hearing both sides and perusing the order passed by the Additional District Magistrate, Nasik and that of 2 wp10256-10.doc the Appellate Authority, I am satisfied that the application has not been considered in terms of Rule 112 of the Explosive Rules, 2008. It is not as if an application received after three months of the date of expiry cannot be considered for renewal at all. The Rule 112 will have to be read as a whole and together with the sub-rules so read, it is clear that the renewal can be granted even if the application received is beyond the prescribed period, but, with a higher fee and penalty. In the instant case, those sub-rules have not been adverted at all. There is complete non application of mind on the part of both the authorities. Even otherwise, the petitioner has satisfied the Court that the reasons for delay are genuine and were beyond his control. In these circumstances, the impugned orders are set aside. 3 The application made by the petitioner on 5th February 2009 for renewal of the explosive licence shall now be considered in accordance with law and while considering it, the authority should not proceed to reject it only on the ground 3 wp10256-10.doc that it was made beyond the prescribed period. Mr.Kulkarni appearing on behalf of the petitioner on instructions makes a statement that the petitioner would be satisfied if the application for renewal is considered as if the petitioner is seeking renewal with effect from 1st April 2011. While considering the application, this aspect should also be borne in mind by the authorities. 4 In the result, the writ petition is disposed off with a direction to the authority to consider the application dated 5th February 2009 afresh on merits and in accordance with law and take a decision thereon as expeditiously as possible and within a period of four weeks from today. The petition is disposed off accordingly. (S.C.DHARMADHIKARI, J)