Andhra Pradesh High Court - Amravati
K. V. Manikyamba vs The State Of Andhra Pradesh on 29 September, 2022
1
CMR, J.
W.P.No.31797 of 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.31797 of 2022
ORDER:
This Writ Petition is filed for a mandamus to declare the action
of the 2nd respondent Director General of Police-cum-Appellate
Authority, in not passing any order in the appeal filed by the
petitioner under Rules 115 and 121 of the Explosive Rules, 2008,
and in the Interlocutory Application filed, eventhough there is an
urgency in the matter in view of the ensuing Deepavali festival, as
illegal and consequently, prayed to suspend the order passed by the
3rd respondent Commissioner of Police, Visakhapatnam, dated
20.09.2022 till the appeal is entertained and the Interlocutory
Application is disposed of.
2) Heard learned counsel for the petitioner and learned
Government Pleader for Home appearing for the respondents.
3) The petitioner has applied for renewal of "No Objection
Certificate" that was earlier given in favour of the petitioner to run a
firework shop. The said request made by the petitioner for renewal of
"No Objection Certificate" was rejected by the 3rd respondent
Commissioner of Police, Visakhapatnam. Aggrieved thereby, she has
earlier filed W.P.No.24720 of 2021. The said Writ Petition was
dismissed by this Court, by order dated 29.10.2021. However, the
CMR, J.
W.P.No.31797 of 2022
Court granted liberty to the petitioner to prefer an appeal against the
said order under Rule 121 of the Explosive Rules, 2008. The Court
further held that till the petitioner prefers the said appeal within the
time stipulated in the said Rule that the impugned order shall stand
suspended.
4) The petitioner has preferred a Writ Appeal in W.A.No.500 of
2022 against the said order. The said Writ Appeal was disposed of
by the Division Bench, as per judgment, dated 08.09.2022,
permitting the petitioner to prefer an appeal before the Director
General of Police within a period of one week from the date of the
said order and directed that the same shall be decided by the
Director General of Police on its own merits within one month from
the date of the said judgment.
5) Accordingly, it is stated that the petitioner has preferred an
appeal to the 2nd respondent Director General of Police-cum-
Appellate Authority on 13.09.2022. It is also stated that the
petitioner has filed an Interlocutory Application seeking interim order
in the said appeal in view of the urgency in view of the ensuing
Deepavali festival as the petitioner has been doing business in
running a firework shop.
CMR, J.
W.P.No.31797 of 2022
6) Now, the grievance of the writ petitioner is that the said appeal
is not even registered till now and the same is not being heard and
disposed of as directed by the Division Bench of this Court in the
above Writ Appeal. It is also the grievance of the writ petitioner that
the Interlocutory Application filed by him in view of the urgency is
also not being considered and disposed of by the 2nd respondent.
7) Learned Government Pleader for Home appearing for the
respondents, on written instructions, would submit that the appeal
was only recently filed on 13.09.2022 and as per the time limit fixed
by the Division Bench of this Court in the above Writ Appeal, the
appeal has to be disposed of on or before 13.10.2022 and as such,
the present Writ Petition is pre-mature and there is no merit in the
contention of the petitioner that the appeal is being not considered
and heard. He would also submit that the Interlocutory Application
was also filed by the writ petitioner in the said appeal before the 2 nd
respondent Director General of Police and he would submit that the
same will be considered and disposed of within a short period of
time.
8) Learned Government Pleader for Home has also placed on
record the written instructions received by him from the office of the
2nd respondent Director General of Police, to that effect.
CMR, J.
W.P.No.31797 of 2022
9) As regards the grievance of the writ petitioner relating to
disposal of the appeal is concerned, as rightly contended by the
learned Government Pleader for Home, the present Writ Petition in
respect of the said grievance, is pre-mature. It is clearly stated in the
judgment passed in the Writ Appeal that the appeal shall be decided
by the 2nd respondent Director General of Police on its own merits
within one month after filing the said appeal. Admittedly, the said
appeal was filed before the 2nd respondent Director General of Police-
cum-Appellate Authority on 13.09.2022. Therefore, he is required to
dispose of the said appeal on or before 13.10.2022. So, there is no
merit in the said contention of the writ petitioner in this regard.
10) However, as regards the disposal of the Interlocutory
Application is concerned, it is admitted by the learned Government
Pleader for Home, on written instructions, that the Interlocutory
Application is filed by the petitioner. He states that the same is not
yet numbered and it is under scrutiny.
11) Therefore, the Writ Petition is disposed of with a direction to
the 2nd respondent Director General of Police-cum-Appellate
Authority to consider the said Interlocutory Application and hear the
petitioner and dispose of the said Interlocutory Application according
to law by passing an appropriate order to that effect within three
days from the date of this order. In case, the 2nd respondent Director
CMR, J.
W.P.No.31797 of 2022
General of Police-cum-Appellate Authority disposes of the appeal
itself within the said three days period of time, no separate order is
required to be passed in the Interlocutory Application.
No costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:29.09.2022.
Note:
Issue C.C. by 30.09.2022.
B/O
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