Sample Form
In the High Court of Judicature at .....................
Civil Writ Petition No........ of ..........
Petition No............. of ..........
Name and Addreass :...................... Petitioner
................................................
versus
(1) Municipality of.............
Town Hall............ Respondents.
(2) Municipal Health Officer,
Municipality..............
Petition under Art. 226 of the Constitution of India for issue of a writ of
certiorari
to quash order of the respondent dated........ and for issue of writ of
mandamus
to grant the licence prayed for
The abovenamed petitioner states as under :
1. The petitioner is a merchant carrying on the business of manufacturing, storing and dealing in fireworks and crackers in the city of......... during the relevant period.
2. That in accordance wth the provisions of Section........... of the District Muncipalties Act......... of......... the Muncipal Board of ........ (respondent No.) notified on........ that no place within the municipality shall be used for selling or storing fireworks without the licence of the executive authority.
3. That in compliance with this notification the petitioner submitted an application on ....... for the issue of a licence for storing and selling fireworks not exceeding ...... kg. in premises No......... Ward No....... Road, in the city of....... and in shop No.......... Ward No........ Road in the said city from....... 20....... to ...........
4. That the said petition dated ...... above named, was forwarded by respondent No. 2 to...... Fire Service Officer for his remarks. The latter, it appears, replied that from the fire service point of view there was no objection to the storage and sale of crackers provided the explosive rules were adhered to.
5. That respondent No. 2, however, rejected the petitioner's application for licence for the following reason :
"The places referred to above are not .......... metres at least away from any residential building."
6. That the petitioner was in the meanwhile in communication with the Fire Service Officer as well as the Inspector of Explosives as regards any possible objections by these two departments to the grant of the licence which he had applied for.
7. That a reply was received from the Fire Service Officer on....... in which it was stated that there was no objection from the fire service point of view for the grant of the licence in Form "......" at the two premises mentioned by the petitioner.
8. The Petitioner received replay dated............ from the Inspector of Explosives as follows :
"A clearance of .......... metres all round is required only for premises where explosives (fireworks) are proposed to be manufactured, possessed and sold, such premises being licensed in Form 1 of the Explosive Rules.
Premises which do not observe any clearance around them can be licensed in Form '......' of the Explosive Rules, 1940, for possession and sale of manufactured fireworks in quantities not exceeding ....... kg. provided such of builidings are substantially built structures and they conform to the conditions laid down under a license in Form '......' of the Explosive Rules, 1940.
In view of the above, you may approach the authorities concerned and obtain the no-objection certificate and thereafter forward the same with other particulars to this office for necessary action."
9. That on receipt of the above two communications, the petitioner filed an appeal to the Municipal Council against the order of respondent No. 2. In the petition for appeal the petitioner drew the attention of the Municipality to these two communications. Respondent No. 1 rejected the appeal by order dated..........., a copy whereof is filed herewith.
10. That in the meanwhile the petitioner had applied to the Additional District Magistrate.......... for a no-objection certificate to the grant of a licence in Form "......", The Additional District Magistrate granted the no-objection certificate by his order dated..........., a copy whereof is filed herewith.
11. That the petitioner again asked the respondents to grant the licence prayed for but the same has not been granted.
12. Being aggrieved by the said order of the respondents, the petitioner approaches the Hon'ble High Court for issue of a writ of
certiorari
to quash the order of respondent No. 2 dated.......... and of respondent No. 1 dated.......... and for a writ of
mandamus
requiring the respondents to issue the requisite licence to the petitioner as prayed for on the following, among other
Reasons
(i) That Sec..... of the District Municipalties Act in so far as it gives to the executive authority an absolute power of refusing to grant the licence as also the power of imposing such restrictions and conditions as it might think fit is in contravention of Art. 19(6) of theConstitution of India and has to be struck down as violating the fundamental rights guaranteed by Art. 19(g) of the Constitution of India.
(ii) That the petitioner has a fundamental right to carry on his business subject to such reasonable restrictions as might be imposed. Sub-section (3) of Sec............ of the District Municipalities Act vests an absolute power in the executive authority without any guidance by the Legislature as to the relevant conditions and restrictions which could reasonably the imposed in this behalf.
(iii) It is clear from the communications from Fire Service Officer as well as from Inspector of Explosive and the Additional District Magistrate .........., that responsent No. 2 was under a mistaken impression that for the issue of a licence in Form "...." Indian Explosives Rules, 1940, the restriction which he imposed, namely, that there should be no habitation within 150 metres of the place of the storage was applicable.
(iv) That the respondent No. 2, who is then executive authority in this behalf, has exercised his discretion to refuse the petitioner's application on irrelevant grounds.
(v) That respondent No. 1 which is vested with the statutory duty to hear and dispose of appeals from the orders of respondent No. 2, has really abdicated its duty by passing the resolution or order dated .................rejecting the appeal of the petitioner. After all, respondent No. 2 was functioning as a statutory delegate and it was for respondent No. 1 to consider whether objections raised by the petitioner to the order of respondent No. 2 were justified or not on the merits. Respondent No. 1 never considered the appeal on the merits and its rejections of the appeal on the ground stated in the resolution (Order dated ...........) is therefore improper.
(vi) That the action of the respondent is illegal and not in accordance with law.
13. That there is no other speedy, expeditious and efficacious remedy open to the petitioner.
14. It is prayed that the order of the respondents impugned as stated above, refusing the petitioner the grant of the licence be quashed and the respondent Municipality be directed to issue the licence to the petitioner as prayed for.
Costs of the petition be awarded to the petitioner.
N.B. -
An affidavit in support of the petition is also filed herewith.
(Sd.)
Petitioner.
(Sd.)
Advocate for the Petitioner.