Kishori Lal Kanoo, proprietor, Messrs. East End Arms Company, Gauhati has invoked the juris­diction of this Court under Art. 226 of the Consti­tution of India and has prayed for writs in the nature of mandamus, prohibition, certiorari or any of them against the Deputy Commissioner, Kamrup the State of Assam, the Chief Minister, Assam and three other respondents.

(2) The facts giving rise to the petition as stated by the petitioner are as follows:

The petitioner migrated from East Pakistan in 1947. He was a dealer in arms and ammuni­tions. He applied for licenses under the Arms Act in 1947. He was granted licenses in forms Nos. IX, X and XII and in forms Nos. K and L in spite of oppositions from respondents 4, 5, and 6. Be­sides these he was given a gun licence No. 985 on 29-1-1952. Petitioner opened two branches in Jorhat and Silchar. Before November, 1952, sale, of arms and ammunition was regulated by the Gov­ernment of India under an ad hoc system of distribution.

The Chief Secretary to the Government of Assam informed the petitioner on 8-11-1952, when fixing the prices of imported arms that the system of control and distribution of imported arms had been discontinued and that the petitioner was free to sell weapons to any dealer or individual licensee-at prices fixed by the Government. The then. Deputy Commissioner Mr. A. Ahmed communica­ted this order to the petitioner and also ordered5 him by his letter No. 8809 G dated 12-11-1952, to sell six imported guns out of 17 to respondent 4 at wholesale prices. The petitioner informed the Deputy Commissioner about his difficulties in com­plying with the order.

But the Deputy Commissioner was merely per­suaded to reduce the number of arms to be sole! to respondent 4 from six to five.

On 19-11-1952, a copy of letter No. HMI. 65/52/22 dated 15-11-52 was sent to the peti­tioner by the Deputy Commissioner intimating that he should sell nine imported guns out of 17 to respondent 4. Three days later on 22-11-1952 all the licenses held by his firm were cancelled by an order of the Deputy Commissioner. The petitioner was also directed to put in written report as to his stock position as it was on 22-11-1952, at 11 a.m. He was prohibited from selling arms and ammunition with effect from that date. The O. C., Gauhati was ordered to check his stock.

No reasons for the cancellation of licenses, were stated in the order. On 24th November licenses were seized. The petitioner explained the stock position to the Deputy Commissioner as-required by his order. The Officer-in-charge Gau­hati police station seized the entire stock of the petitioner on 25-11-1952, under the orders of the

Deputy Commissioner. On 26th November, the Deputy Commissioner directed that arms received after that date shall be deposited in the Police Reserve pending orders. It is alleged that this brought about a complete suspension of the peti­tioner's business. A consignment of arms was also opened by the police at Amingaon before its arrival at Gauhati in violation of the provisions con­tained in the Arms Act.

(3) The petitioner preferred an appeal to the Chief Secretary to the Government of Assam on 23-11-1952 against the order of the Deputy Com­missioner cancelling all his licenses. He got no hearing in his appeal. The Government, however, issued a notification No. HMI. 87/52/7A dated 23-12-1952 by which licenses in forms Nos. IX, X and XII were alone cancelled. The petitioner was informed of this notification. It virtually disposed of his appeal petition of 23rd November. The notification was issued under S. 18, Arms Act.

It is not stated under which part of S. 18 the Government acted. The Deputy Commissioner, Kamrup was directed to dispose of arms and ammunition seized to local arms dealers. He was authorised to divide the margin of profits between the petitioner company and the other dealers. The Confidential Department was informed of the noti­fication with reference to their letter No. C. 329/ 52/5 dated 17-11-