G RAJA REDDY Vs. COLLECTOR NIZAMABAD

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India For the grant of a writ of Certiorari to quash the order of the Collector of Nizamabad District in D. Dist. 3384-58 dated 15-7-1958.

(2.) The petitioner is a resident of Nizamabad and carries on business in the sale of medicines and other articles and commodities at Nizamabad. On GO-10-1952, he submitted an application to the District Collector, Nizamabad, for the grant of a license for the sale of arms and ammunition at Nizamabad. By a communication D/- 15-7-1958, the petitioner was informed as follows:

(3.) It would appear that in 1951 the Indian Arms Act and the rules were applied to the State of Hyderabad. Section 17 of the Indian Arms Act provides that the Central Government may, from time to time make rules to determine the officers by whom, the form in which, and the terms and conditions on and subject to which, any licence shall be granted. Under Rule 26(J) a licence under form X to sell and keep for sale, any arms, ammunition or military stores may, save as provided by Sub-rule 2, be granted in the Presidency towns by the Commissioner of Police or in any other place by the District Magistrate. Under these rules, the Collector of Nizaimbad would be the licensing authority, 1960 Andh. Pra. D.F./25 with respect to the grant of licences to sell and, keep for sale arms and ammunition, in cases that do not fall under Rule 26 Sub-rule 2.