OWP No.154/2018, MP No.01/2018

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

OWP No.154/2018, MP No.01/2018

Date of order: 02.02.2018

Wajid Bashir Khan

Vs.

Div. Com, Jammu and ors.

Coram:

Hon’ble Mr. Justice Alok Aradhe, Judge

Appearing counsel:

For Petitioner/Appellant(s) :

Mr. M R Quereshi, Advocate.

For respondent (s)

:

i/

Whether to be reported in

:

Yes/No

Press/Media

ii/

Whether to be reported in

:

Yes/No

Digest/Journal

Taking into account the order which this court proposes to pass today, it is

not necessary to issue notice to the respondents.

In this petition, the petitioner inter alia has prayed for the following reliefs:

A)

Writ of Mandamus:- so as to direct the respondent no.2 not to

give effect the order No.DMP/J/3267-68 dated 23.12.2017 Annexure J

to this writ petition, till the statutory appeal is to be decided by the

respondent No.1 or in alternative issue a writ of certiorari so as to

quash the order no. DMP/J/3267-68 dated 23.12.2017 Annexure J to

this writ petition and also set aside the order dated 24.01.2018 passed

by the respondent No.1 Annexure A to this writ petition, the record

from the appellate authority, respondent No.1 and from the licensing

authority respondent No.2 may please be called and set aside the

order no.DMP/J/3267-68 dated 23.12.2017.

B)

Writ of Mandamus:- directing the respondent no.1 appellate

authority to decide the appeal within the 60 days of the statutory

period as per Arms Rule 2016, till the statutory appeal is to be

decided, the order no.DMP/J/3267-68 dated 23.12.2017 shall not be

given effect, same may please be kept in abeyance in the interest of

justice.”

When the matter was taken up today, learned counsel for the petitioner

submits that the gun licence issued in favour of the petitioner has been

OWP No.154/2018, MP No.01/2018

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revoked without affording any opportunity of hearing to the petitioner.

Being aggrieved, the petitioner has filed an appeal along with application

for stay before the appellate authority. However, the appellate authority has

not decided the application for stay. In pursuance of the order of revocation

of the licence of the petitioner, the SHO, P/S Mendhar vide communication

dated 23.01.2018 has asked the petitioner to surrender his licence as well as

weapon. It is further submitted that the writ petition be disposed of with the

direction to the appellate authority to decide the application for stay

preferred by the petitioner in a time bound manner and till then, the

operation and effect of order dated 23.01.2018 passed by SHO, P/S

Mendhar may be ordered to remain stayed.

In view of the aforesaid submissions and in the facts of the case, this

writ petition is disposed of with the direction to the appellate authority to

decide the application for stay preferred by the petitioner by a speaking

order within a period of ten days from the date of receipt of a certified copy

of the order passed today. Till the application for stay is decided by the

appellate authority, no coercive action shall be taken against the petitioner

in pursuance of the communication dated 23.01.2018 sent by SHO, P/S,

Mendhar for surrender of either licence or the weapon. It is made clear that

this Court has not expressed any opinion on merits of the case of the

petitioner.

With the aforesaid directions, the writ petition is disposed of along

with connected MP.

(Alok Aradhe)

Judge

Jammu

02.02.2018

Raj Kumar