State and Others vs M/s. Singh Gun House

These appeals are directed against the judgment and order dated 11-7-2012 passed by the learned single Judge whereby and whereunder three

writ petitions viz. OWP No. 496/2011 M/s. Fouji Gun House and Others Vs. State of J. and K. and Others, , and OWP No. 497/2011 tided

M/s. Singh Gun House v. State and others and OWP No. 540/2011 titled M/s. Suresh Armoury v. State and others came to be determined (for

short, impugned judgment). Since common question of law and fact is involved in all these appeals, therefore, this judgment will govern all the three

appeals.

Brief Facts:--

District Magistrate made a communication date 3-3-2011 for cancellation of licence granted in favour of writ petitioners and also made order

dated 13-4-2011 in terms of which business premises of writ petitioners were searched and material arms and ammunition were seized. Feeling

aggrieved, writ petitioners questioned the said orders on the grounds taken in the writ petitions.

During the pendency of writ petitions, writ petitioners have not pressed the relief for quashment of communication dated 3-3-2011 made by the

District Magistrate to the Principal Secretary to Government, Home Department, for the reasons, that the competent authority had yet to take

decision on the said recommendation. Thus writ petitions survived for consideration only with regard to communication dated 13-4-2011 made by

the District Magistrate, Jammu.

After noticing that common question of fact and law was involved, all the three writ petitions came to be decided vide impugned judgment.

The writ Court after examining the pleadings of the parties held that there was no material for making such orders.

Mr. Bastora, learned counsel for the appellants argued that licences granted in favour of writ petitioners have lost validity by the efflux of time

and, moreso, the same have not been renewed till today.

Argument of learned counsel for the appellant though attractive is devoid of force, for the reasons, that District Magistrate has made impugned

order on the ground that writ petitioners were selling arms and ammunition to the persons who were holding fake and invalid licences and the guns

sold were coming to the hands of anti-national elements. District Magistrate had not made the said order on the ground that the licences granted to

the writ petitioners had lost validity.

The material placed on record does not indicate that writ petitioners have sold the guns or licence of arms and ammunition in favour of persons

who were not competent to purchase or who were working as anti-national elements. Thus, the writ Court has rightly made the findings and order.

It is for the competent authority to pass appropriate orders on the recommendation made by the District Magistrate dated 3-3-2011.

We have examined the pleadings of the parties and also gone through the judgment impugned minutely. In our view the same is a well reasoned

and speaking one, therefore, needs no interference.

Having glance to the aforesaid discussions, we uphold the impugned judgment and appeals are accordingly dismissed along with connected

CMA(s), if any. Copy of this judgment be placed on the record of all the three appeals.