MOHD. ABUL HUSSAIN Vs. DEPUTY COMMIONER

JUDGEMENT

(1.) MD . Abul Hussain, Manager, Moslem Brothers,/ Golaghat, has applied under Article 226 of the Constitution of India for writs in the nature of cer -tiorari and mandamus, and for orders directing the Opposite Party, the Deputy Commissioner. Sibsagar. to forbear from giving effect to his order, dated 31 -3 -55, declining to renew three licences of the Petitioner for arms and ammunition under orders of the State Government.

(2.) THE facts bearing on the question raised may be briefly stated. The firm of the petitioner has been dealing in arms and ammunition under licences granted To it for quite a long time. II had three licences, namely, (1) licence No. 3 of 1945 -46 in form 'K' for the purpose of gun -powder; (2) licence No. 7 of 1941 in form 'X' for fire works cartridges caps, blank cartridges, shot cartridges etc., and (3) licence No. 3 of 1938, which was numbered as No. 3 of 1941 in form X for M. L. B. L. and smooth bore' guns, sulphur, saltpetre, etc, ,

(3.) ON behalf of the petitioner, it has been contended that the Deputy Commissioner, when passing the order, acted under directions received from tile Government, and has, therefore, failed to exorcise his discretion in the matter. The proceeding was a judicial or at least quasi -judicial one, and the Deputy Commissioner should have come to his own decision in the matter; he should not have been influenced by any direction or order from the State Government. The order of the Deputy Commissioner is, therefore, contrary to law.