Created by Fuzzy Cloud

Allahabad High Court

SHINO PAINTS AND CHEMICALS PVT. LTD.versusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court declined to grant mandamus and instead directed the petitioner to file a fresh representation, disposing of the writ petition.

Summary

Shino Paints & Chemicals Pvt. Ltd. filed a writ petition seeking mandamus directing the Kanpur Nagar Commissioner of Police to decide its pending MA‑4 license renewal for methyl alcohol and to restrain seizure of its stock. The licence had expired and a show‑cause notice was issued linking the renewal to a criminal case; the petitioner replied but no decision was taken. The court, without examining the merits, dismissed the petition and ordered the petitioner to file a fresh, detailed representation against the show‑cause notice within one month, after which the Commissioner must decide the matter within another month. No order was granted to prevent seizure of the stock. The petition was therefore disposed.

Issues considered

  • Whether the High Court should issue a writ of mandamus directing the Commissioner of Police to grant the MA‑4 license renewal.
  • Whether the Court should restrain the seizure of the petitioner’s methyl alcohol stock.
  • Whether the petitioner should be permitted to file a fresh representation against the show‑cause notice.

Subjects

  • writ petition
  • mandamus
  • license renewal
  • MA‑4 license
  • methyl alcohol
  • show cause notice
  • police commissioner
  • representation
  • seizure

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - C No. - 16805 of 2026

Shino Paints And Chemicals Pvt. Ltd.
                                                                      .....Petitioner(s)
                                       Versus
State Of U.P. And 2 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)                 :     Abhishek Tiwari, Santosh Singh
Counsel for Respondent(s)                 :     C.S.C.

Court No. - 40
                      HON'BLE SARAL SRIVASTAVA, J.
                      HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and learned counsel for the
respondents.
2. The petitioner, by means of present writ petition, has sought for following
substantial relief;

     (i) Issue a writ, order or direction in nature of Mandamus, commanding
     and pass an appropriate orders to the opposite party no-2, i.e.
     Commissioner of Police, District- Kanpur Nagar to decide the pending
     renewal application of MA-4 license, for the usage of 'Methyl Alcohol' to
     the petitioner's firm and grant the MA-4 license in accordance with the
     provision of law or with any other directions, which this Hon'ble Court
     deemed fit and appropriate.
     (ii) Issue a writ, order or direction in nature of mandamus, commanding
     and directing the respondent no. 2 & 3, not to confiscate or seize any
     stock of the 'Methyl Alcohol', which is available in the factory as well as
     in the stock yard of the petitioner's firm."

3. The petitioner was granted a licence for the use of Methyl Alcohol
(CH3OH) for the purpose of manufacturing various paints and allied items.
The said licence has expired. Thereafter, the petitioner submitted an
application for renewal of the licence. On the said application, a show cause
notice dated 17.12.2024 was issued to the petitioner by the Additional
Deputy Commissioner of Police, West, Commissionerate Kanpur Nagar,
calling upon the petitioner to submit an explanation with regard to a criminal
case registered against him. The petitioner submits that he submitted his
reply to the show cause notice on 04.01.2025, a copy whereof has been
enclosed as Annexure No. 8 to the petition. Till date, no decision has been
                                                                                              WRIC No. 16805 of 2026
                                                                     2

                                    taken by the respondent authorities on the reply submitted by the petitioner.
                                    4. Learned Standing Counsel submits that no useful would be served in
                                    keeping the writ petition pending and appropriate direction may be issued to
                                    the respondent no.2-Commisioner of Police, Kanpur Nagar to consider the
                                    grievance of the petitioner.

                                    5. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, we dispose off the writ petition permitting the
                                    petitioner to file a detailed fresh representation against the show cause notice
                                    dated 17.12.2024 alongwith certified copy of this order raising all his
                                    grievances before the respondent no. 2 within a period of one month from
                                    today. In case, any such representation is filed by the petitioner, the
                                    respondent no.2 shall consider and decide the same in accordance with law
                                    within a period of one month from the date he receives the representation of
                                    the petitioner.

                                    May 7, 2026
                                    Sachin Mishra
                                                                         (Garima Prashad,J.) (Saral Srivastava,J.)




Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.