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2023 Supreme(J&K) 308

M. A. CHOWDHARY
Vikram Dusgotra – Appellant
Versus
Union Territory of Jammu & Kashmir through Financial Commissioner/Additional Chief Secretary to Government, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rahul Pant, Senior Advocate with Mr. Anirudh Sharma, Advocate.
For the Respondent: Mrs. Monika Kohli, Senior AAG

JUDGMENT :

1. All the petitioners, having been licensed as arms and ammunition dealers in terms of the Arms Act, 1959 read with Arms Rules, 1962, pleading identical and joint cause of action based on same facts and grounds, have moved this petition seeking following writs:

    a. Certiorari quashing the Circular No.01-Home of 2023 dated 10.04.2023 issued by the Respondent No.1 whereby the directions have been issued to the District Magistrates that arms and ammunition dealers be not allowed to carry on their trades and transactions in absence of valid Arms License in Form VIII as prescribed under the Arms Rules, 2016 till the licensing process in favour of the intending prospective licensees is completed in terms of the Arms Rules, 2016 along with other directions contained in the said circular;

b. Certiorari quashing the Circular No.61-67/Arms/DMJ/23 dated 12.07.2023 issued by the Respondent No.2 in compliance to the Circular No. 01-Home of 2023 dated 10.04.2023 issued by the Respondent No.1; and

c. Mandamus commanding the respondents to allow the petitioners to operate their licenses till such time, respondents complete the process of conversion of the licenses of the petitioners in purs

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