Case Note & Summary
The petitioners, engaged in the traditional business of manufacturing fireworks, had applied for a licence under the Explosives Act and Explosives Rules in 2024-2025 by filing Form LE-1 with prescribed fees and requisite approvals including Fire Safety NOC and NA Permission. However, the Collector/District Magistrate issued fresh guidelines in the form of a Standard Operating Procedure (SOP) dated 21.08.2025, imposing additional conditions for grant of the licence. The petitioners contended that the Collector had no authority to frame such regulations, as the rule-making power under Section 5 of the Explosives Act vests exclusively in the Central Government, and the conditions for licence are prescribed under the Explosives Rules framed thereunder. Aggrieved by the inaction on their application due to the SOP, the petitioners filed a writ petition under Article 226 of the Constitution seeking a direction to decide their application and to quash the SOP. The High Court, after hearing the parties, held that the Collector/District Magistrate lacks jurisdiction to issue guidelines or SOP imposing additional conditions for grant of explosives licences, as the power to make rules and prescribe conditions flows exclusively from the Explosives Act and the Rules. The Court directed the respondents to consider and decide the petitioners' application in accordance with law, without being influenced by the impugned SOP, within a period of four weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Explosives Law - Licensing - Jurisdiction of District Magistrate - Section 5 of the Explosives Act, 1884 - The power to make rules and prescribe conditions for grant of explosives licence vests exclusively in the Central Government under the Explosives Act and the Explosives Rules framed thereunder. The Collector/District Magistrate has no authority to issue guidelines or SOP imposing additional conditions for grant of such licences. (Paras 3, 5) B) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Where a statutory authority fails to decide a pending application within a reasonable time, the High Court can direct expeditious disposal. The petitioners' application for fireworks licence filed in 2024-2025 remained undecided due to the Collector's SOP dated 21.08.2025, which was held to be without jurisdiction. (Paras 2, 5) C) Explosives Law - Licence for Fireworks - Consideration of Application - Explosives Act, 1884 and Explosives Rules, 2008 - The respondents were directed to consider and decide the petitioners' application for licence in accordance with law, without being influenced by the SOP dated 21.08.2025, within a period of four weeks from the date of receipt of the order. (Para 5)
Issue of Consideration
Whether the Collector/District Magistrate has the authority to issue guidelines/SOP imposing additional conditions for grant of explosives licence, and whether the petitioners are entitled to a direction for expeditious consideration of their application.
Final Decision
The High Court disposed of the petition by directing the respondents to consider and decide the petitioners' application for licence under the Explosives Act and Explosives Rules in accordance with law, without being influenced by the SOP dated 21.08.2025, within a period of four weeks from the date of receipt of the order. Rule made absolute to that extent.
Law Points
- Rule-making power under Explosives Act vests exclusively in Central Government
- District Magistrate cannot impose additional conditions via SOP
- Writ of mandamus for expeditious disposal of licence application
