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1997 Supreme(MP) 74

R.S.GARG
Dharampal Ramnarayan Agrawal – Appellant
Versus
State Of M. P. – Respondent


ORDER

R.S. Garg, J.

1. The brief facts leading to the petition are that the petitioner was holding a revolver, licence bearing No. 456/VIII/P/1983 for a period of one year. The licence was renewable for the same period after its expiry in accordance with section 15(3) of the Indian Arms Act. The petitioner filed an application for renewal of the licence on 16-6-1984. As alleged by the petitioner, without hearing the petitioner the District Magistrate contrary to the provisions of section 15(3) of the act by order dated 13-8-1984 rejected the application without recording reasons for rejection. The said order was impugned in an appeal filed under section 18 of the Indian Arms Act. The said appeal proved futile, therefore, the petitioner filed a representation to the State Government, but as the same was rejected, petitioner has filed this petition.

2. Shri Prashant Mishra, learned counsel for the petitioner contends that a perusal of the order passed by the competent authority i.e. the District Magistrate would show that the order passed by it, is ex facie, illegal and is contrary to the provisions of section 15(3) of the Act. He also submits that the authorities on which the reliance











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