KAMAL KISHORE KANOO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Choudhury, learned counsel for the petitioner; Mr. R. Dhar, learned Govt. Advocate, Assam for respondent Nos.1 and 2; and Mr. P. Katakey, learned counsel for respondent No.3.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner has assailed the legality and validity of the order dated 05.05.2012 passed by the District Magistrate, Kamrup (Metro), Guwahati directing M/s. Raj Gun House, Panbazar, Guwahati and North-Eastern Arms Company, Panbazar, Guwahati to stop selling arms/ammunitions with immediate effect till clearance was received from the Government, i.e., the licensing authority.

(3.) Case of the petitioner is that he is the proprietor of both M/s. Raj Gun House and North-Eastern Arms Company. According to the petitioner, he has property dispute with his younger brother Shri Ujjal Kanu who is also an arms and ammunition dealer being the proprietor of M/s. East India Arms Company. CID PS Case No.60/2011 was registered on the basis of allegation that gun licences were issued by the then Additional District Magistrate, Kangpokpi, Manipur for the years 2004, 2006 and 2009 to persons who were not residents of the State of Manipur. Licence holders were mostly from Assam and other places. Further allegation made was that petitioner had sold arms and ammunitions to such licence holders without proper verification.