KISHORI LAL KANOO Vs. DY. COMMR. AND ORS.

JUDGEMENT

(1.) KISHORI Lal Kanoo, proprietor, Messrs. East End Arms Company, Gauhati has invoked the jurisdiction of this Court under Article 226 of the Constitution of India and has prayed for writs in the nature of mandamus, prohibition, certiorari or any of them against the Deputy Commissioner, Kamrup the State of Assam, the Chief Minister, Assam and three other respondents.

(2.) THE facts giving rise to the petition as stated by the petitioner are as follows:

(3.) ON 13 -2 -1953 the State Government directed the Deputy Commissioner to dispose of the seized stock to respondent 4 at prices to be fixed by him. The stock which could not be disposed of was to be released for diversion to other branches of the petitioner. Respondent 4 declined to purchase any arms. The Deputy Commissioner was then instructed to release the entire stock to the petitioner with instructions to divert it to other branches. On obtaining delivery the petitioner found that arms had been badly damaged. The petitioner sought leave for doing repairs at Gauhati. Permission was accorded to him by the Government by their letter No. HMI. 87/52/58 dated 5 -6 -1953, though sales at Gauhati were prohibited, in spite of the previous direction to sell these arms to respondent 4.