JUDGMENT :

1. Heard Mr. D. Panging, learned counsel for the petitioners in WP(C) No. 420(AP)/2021, Mr. TT Tara, learned counsel for the petitioners in WP(C) No. 27(AP)/2022, WP(C) No. 28(AP)/2022, WP(C) No. 29(AP)/2022, WP(C) No. 30(AP)/2022, WP(C) No. 31(AP)/2022, WP(C) No. 32(AP)/2022, WP(C) No. 33(AP)/2022, WP(C) No. 34(AP)/2022, WP(C) No. 35(AP)/2022, WP(C) No. 36(AP)/2022, WP(C) No. 37(AP)/2022, WP(C) No. 38(AP)/2022, WP(C) No. 39(AP)/2022, Mr. N Danggen, learned counsel for the petitioners in WP(C) No. 40(AP)/2022, WP(C) No. 45(AP)/2022, Mr. B. Kamdak, learned counsel for the petitioners in WP(C) No. 44(AP)/2022 and Mr. D Tamyak, learned counsel for the petitioner in WP(C) No. 148(AP)/2022as well as Mr. RH Nabam, learned Additional Advocate General for the respondents.

2. For convenience, we take note of the facts involved in WP(C) No.27(AP)/2022 on the premises that the facts involved in the other writ petitions are also on similar line.

3. All the petitioners herein were issued arms licenses under Section 3 of the Arms Act, 1959 (in short Act of 1959) and all the licenses were issued during the period or subsequent to the year 2017. It is stated by the respondents that the Principal Secretary to the Government of Arunachal Pradesh in the Home Department had issued a communication dated 02.09.2016 addressed to all the Deputy Commissioners, Additional Deputy Commissioners, Sub Divisional Officers in the State of Arunachal Pradesh providing that the Government had decided to continue with an earlier order dated 23.08.2013 to impose a blanket ban on issuing of fresh arms licenses in the State of Arunachal Pradesh till the licenses already issued by various authorities are completely uploaded in the NDAL and the problem arising out of permitting multiple arms licenses, multiple fire arms, generation of UIN for licenses are completed in all respect.

4. The reason for the State Government to arrive at such decision that there is a requirement to upload on the NDAL and also to look into the problems arising out of permitting multiple arms licenses, multiple fire arms, generation of UIN for licenses would have to be considered to be necessary in the public interest. But in order to do so, the decision to impose a blanket ban on issuing of fresh licenses in the State of Arunachal Pradesh till such exercise is carried out, appears to be venturing into an incorrect solution for a correct reason.

5. We further take note that the decision of the State Government is of 23.08.2013 and the communication thereof was made on 02.09.2016 and the decision was given effect sometime in the year 2017 and onwards. In other words, if the decision is of 23.08.2013, many such licenses may have been issued up to the year 2017 although there was a decision not to issue any fresh arms licenses. But for some reason, the authorities are of the view that the licenses that were granted on or after the year 2017 are to be cancelled for the reason that such licenses were issued after there was a decision by the State Government to have a blanket ban on issuing of fresh arms licenses.

6. Having taken note of it, we notice that in respect of one such licensee, the District Magistrate of East Siang district had issued a notice dated 12.02.2021 informing that as the license was issued during the blanket ban period, therefore, it cannot be further renewed inasmuch as the license was illegally procured in contravention of Government order dated 02.09.2016, which had already been referred hereinabove.

7. Granting of arms license are governed by the Act of 1959 read with Arms Rules 2016 (in short Rules of 2016) and the procedure thereof, including that of issuing a license, renewing a license or cancelling a license are provided therein. The decision of the State Government contained in the communication dated 02.09.2016 appears to be more of an administrative decision rather than a decision under the Act of 1959 or the Rules of 2016 to impose a blanket ban on iss