IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH w.P.No. 4673 [2004 ‘ ‘5‘ /‘ WRIT PETITION UNDER ARTICLE 226 227 OF CONSTITUTION OF INDIA ,A \ PETITIONER Zakiuddin, aged about 85 Years \ I. S/o Late Badmddin QOH ., Proprietor M. Badruddin Mulla, Q1>§d§lgm M.Shamsuddin and sons $¢3¢°R\9‘ Sadar Bazar, Raipur (C.G.) t Q§§§i “’6 Q §$b VERSUS . RESPONDENTS 1 1‘ State of Chhattisgarh Through the Secretary Home (C) Department D.K.S. Bhavlvan Raipur (C.G.) 2. TheDistrict Magistrate Raipur (C.G.) XI-HCM-78 WWIH Hi zoo 311%?!m (We?) wmw WWW WW WW $a'wm 3. I; .QQG5 Shri QR, Sahu, courscii for thE petitioner. Shri Utkarsh Vanna, Pailei Lavwer for the Statc, Heard on admission. The petitionm‘ has p%€f€1‘r€d thiS Writ p6titi011 under Ar‘u'cls 226,!2’27 of thE Constitution of India questioning the legaliiy, ‘ the ordor dated 178.2004 paosod by retal‘y, Doparmmnt of Homo, Stato of (1G,, Raipur, Whcroby 1 d Additional Principal Socrotem’ ag Appellate Authority (li f proprioty 811d 601Tec£116$s ‘ the Additional Pn’ncipal 6. . a ifssod tho appoal proferred by tho petitioner against the ordo datod 28.2.2002 passod by tho District Magistrato, Raipur Whare loarnéd Dis‘tn'ct MagiStrats refussd to ranew iho Econge of pet' 'onoi‘ for kcopiilg gunyowdor on the. ground. that prosont locati 11 Whom {he potitioner is keeping tho gunpowdor is il1ick1y pop latod area, which is not in tho public interost and also m viow f Circular No. 168,! Homo DopttJQGOO dated 1. 12.2000 isouod by 1:116 Homo Departmont liconso cainioi b6 followed; I havo hoard logdnod ounsel for tho pai’iias on admission. Learnsd oounsol f I the petitioner submits that the petitioner were continuous y engaged in the businessof keeping guiipowder sixice 1967 an all of a Sudden respondem No.2 has refused to renew the licens Without anV valid reaeon. Perusal of iile order aSSed by respondent No.2 reveals that the place Where the petiti ner was keeping the gunpoWCler is a #k/r S c s b 7 il-HC-22 thickly popuhmd art-a, thamfora, in the public mmrast, particularly, in View of flm‘ Home Departmem’s circular lic€nss cannot be renewal. Bv the impugned excl‘er me Additienal Principa Seexetaiy cases are registened against the pent‘ioner for supplying the gunpowder to the criminals and the place Where fhe petition is keeping gunpowder is thickly - pepulated area. In. the 1a t paragraph the Additienal Principal Secretary has written that the petitioner ie prepamd to keep the gunpowder.,in some outer c ea then the DiStI‘ict Magistrate may consider his application 0.11 its own meiit. Therefore, the order I passed hy the Additional P ipal Secretaly, Department of Home, is reasonable and particul ‘ly in View of the fact that. such an explosive substance shoiild rot be allowed to be kept in a thickly populated area, which can c use havoc any time, In View of the above I do aot find any illegality in the « impugned order, as such, th r petition is liable to be dismissed and same is dismissed in limine, observed that two crimin I Sd/- L.C.BHADOO Judge New l e ' i' C