SANJAYBHAI VINUBHAI PATELversusUNION OF INDIA

      C/SCA/12986/2025                                 JUDGMENT DATED: 13/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 12986 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
 =========================================
        Approved for Reporting              Yes         No
                                             --         No
==========================================
              SANJAYBHAI VINUBHAI PATEL & ORS.
                              Versus
                     UNION OF INDIA & ORS.
==========================================
Appearance:
MR MANOJ N POPAT(671) for the Petitioner(s) No. 1,2,3,4
MR ADITYA DAVDA AGP for the Respondent(s) No. 3,4
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1
==========================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 13/03/2026

                                    JUDGMENT

[1]       RULE returnable forthwith. Learned counsel waives service of
notice of rule on behalf of the respective respondents.

[2]       Present petition under Article 226 of the Constitution of India
and under the provisions of the Explosive Act and Explosive Rules is
>led by the petitioners with the following reliefs:-

           1.     Your Lordship may be pleased to Admit the present
                  Special Civil Application;

           2.     Your Lordships may be pleased to issue a direction to
                  the respondents to decide the petitioners’ application


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      C/SCA/12986/2025                                  JUDGMENT DATED: 13/03/2026




                  within a period of one week on the basis of various
                  opinions received from the authorities as required by
                  law;

           3.     Your Lordships may be pleased to issue an
                  appropriate writ, order or direction, quashing and
                  setting aside the SOP dated 21.08.2025 issued by the
                  Government of Gujarat;

           4.     Your Lordships may be pleased to issue an
                  appropriate writ, order or direction during the
                  pendency of the present writ petition, Your Lordship
                  may be pleased to direct the respondents to issue a
                  temporary licence to the petitioners;

           5.     Pass any other order or direction that this Hon’ble
                  Court may deem just, .t and proper in the interest of
                  justice;


[3]       Brief facts of the present case are that the petitioner are doing
traditional business of manufacturing >reworks and the petitioners
had applied in 2024 – 2025 by >ling Form LE – 1 with prescribed fees
along with approval including Fire Safety NOC and NA Permission. It is
the case of the petitioners that the Collector issued fresh guidelines
on 21.08.2025 with additional conditions, pending application which is
contrary to law. It is also the case of the petitioners that the Central
Government has the power under Section 5 of the Explosives Act to
frame the Rules and, therefore, the guidelines issued by the District
Magistrate are without jurisdiction and the same is illegal and unjust.
It is the case of the petitioners that the Collector / District Magistrate
has no authority to frame regulations regarding grant of licences and
the power to make Rules and prescribe conditions Gows exclusively
from the Explosives Act which vests the rule making power in the
Central         Government    and    from     the   Explosives    Rules     framed
thereunder.

[4]       Being aggrieved with inaction on the part of the respondents,


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       C/SCA/12986/2025                                                                JUDGMENT DATED: 13/03/2026




 the present petition is >led.

 [5]        Heard learned counsel for the respective parties and considered
 the averments made in the petition and the submissions canvassed
 on behalf of both the sides and perused the material placed on
 record. It appears that the petitioners engaged in the business of
 manufacture of >reworks for several years and some members of the
 family having licenced manufacturers holding licences under the
 Explosive Rules and the petitioners applied for licence in Form LE-1 in
 the year 2024 – 2025 for manufacture of >reworks accompanied with
 the prescribed fees. It is the contention on the part of the petitiones
 that the guidelines dated 21.08.2025 are ultra vires, without
 jurisdiction and cannot be pressed into service to deny or delay the
 petitioners’ application.

 [6]        Considering the facts and circumstances of the case and the
 material placed on record, I am of the view that let the petitioner may
 prefer fresh representation before the concened authority and the
 same shall be decided by the authority as early as posisble.

 [7]        In view of the above, the present petition is disposed of with a
 direction to the petitioner to prefer fresh representation before
 respondent No.2 within a period of two weeks from today. The
 respondent No.2 shall decide the representation in accordance with
 law as expeditiously as possible preferably within a period of six
 weeks from the date of receipt of the representation after giving
 proper opportunity of hearing and to lead the evidence to the
 petitioner. Rule is made absolute to the aforesaid extent.


                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/03/2026 16:56:17


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