Deepak Vishwakarma v. State of M.P & Ors.

Shri Sudeep Deb learned counsel for the petitioner. Challenging certain conditions imposed in the circular dated 16/07/2010 issued by the State Govt. imposing certain restrictions in the matter of granting licence to the Arms dealer, this writ petition has been filed. The question with regard to the conditions and the tenability of the State Govt. to issue such a circular is already considered by a Bench of this Court in W. P. No. 11058/10 Smt. Sakina Bandookwala Vs. State of M. P. and others on 17/03/2011 and similar petitions have been allowed. It has been found by a Bench of this Court that under the Arms Act, 1959 and the Arms Rules, 1962 statutory provisions are contained and the State Govt. is not empowered to cancel the same by the executing order. Resultantly, all the petitions were allowed and the following directions were issued by a Bench of this Court :

Resultantly, this Court is of the considered opinion that the respondents have passed the impugned order in clear violation of the provisions of Sec. 17 of the Arms Act, 1959 and therefore the impugned order dated 19/07/10 to the extent the conditions of the licence have been varied is quashed accordingly. W.P No.11973/2012 Deepak Vishwakarma vs. State of M.P. & Ors. However, the State Government shall be free to take appropriate action in accordance with law, keeping in view the provisions of Sec. 17 of the Arms Act, 1959 read with the Arms Rules, 1962 as well as the notifications issued by the State Government as well as Central Government from time to time on the subject. With the aforesaid this petition stands allowed. No order as to costs.

Keeping in view the aforesaid, this petition is also allowed. The order passed by this Court on 17/03/2011 in the case of Smt. Sakina Bandookwala (supra) shall also be applicable mutatis mutandis in the case of petitioner also. With the aforesaid, petition stands allowed and disposed of. C.C as per rules. ( R. S. JHA ) J U D G E mms/-