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2013 Supreme(MP) 244

S.K.Gangele, Sheel Nagu, Sujoy Paul
Pratibha Chouhan – Appellant
Versus
State of M. P. – Respondent


Advocates:
Arvind Dudawat, N.K. Gupta and S.N. Seth for petitioners;
M.P.S. Raghuvanshi, Additional Advocate General and Vivek Khedkar, Deputy Advocate General for respondents/State;
Ankur Mody, Assistant Solicitor General of India for Union of India.

ORDER

Gangele, J. -- 1. Hon’ble the Chief Justice has made following reference before this Full Bench :

“(i) Whether State Government or its authorities can issue executive instructions/letters to formulate conditions for issuing, varying or renewing the arm licence in view of the provisions of the Arms Act, rules made there under and as per the provisions of Constitution of India?

(ii) Whether the view taken by the Gwalior Bench in Arun Mangal (supra), is in accordance with law and correct?

(iii) It may be decided whether the view taken in Writ Petition No.6265/2006 (Surendra Kumar Yadav and another v. State of M.P. and others) (Principal Seat), Writ Petition No.838/2000 (Jiyauddin and others v. State of M.P. and another), and Writ Petition No.8715/2011 (Mulla Sabbir Hussain v. State of M.P. and another) (Indore Bench), is correct or the view taken by Gwalior Bench in Writ Petition No.1224/2005 (Arun Mangal and others v. State of M.P. and others), affirmed in Writ Appeal No.561/2007 (Arun Mangal and others v. State of M.P. and others) is correct.”

2. Brief facts of the case are that earlier the petitioners were granted arms dealer licence. They submitted application for renewal of lice

































































































































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