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1957 Supreme(Pat) 184

V.RAMASWAMI, RAJ KISHORE PRASAD
Ram Saran Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this case the petitioner, Ram Saran Sharma, prays for grant of a writ under Article 226 of the Constitution for quashing the order of the Commissioner dated 31st of July, 1956, revoking the sanction for grant of a pistol licence and also the order of the District Magistrate dated 23rd of August, 1956, cancelling the licence.

2. The case of the petitioner is that on 7th July, 1956, the Commissioner sanctioned the grant of a licence, but the sanction was revoked by the Commissioner on 31st of July, 1956, without giving an opportunity to the petitioner to show cause against the revocation. As regards the order of cancellation made by the District Magistrate, the argument on behalf of the petitioner is on similar lines. It is contended that no opportunity was given to the petitioner to show cause against the order of cancellation and the provisions of Sec.18 of the Indian Arms Act have not been complied with.

3. In reply, it was argued by the learned Government Advocate that no valid licence was granted to the petitioner in the eye of law. It was pointed out that the licence was actually granted to the petitioner on the 13th of August, 1956, though the sanction had been r













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