FOUJI GUN HOUSE Vs. STATE OF J&K

JUDGEMENT

(1.) M/Ss Fouji Gun House, Singh Gun House and Suresh Armoury have filed these Writ Petitions seeking quashing of District Magistrate Jammu s Communication dated 3-3-2011 whereby their licences for Sale and Keep of arms were recommended for cancellation, besides orders dated 13-04-2011 in terms whereof their business premises were searched and material lying therein including arms and ammunition seized, in exercise of powers under Section 22(1)(b) of the Arms Act, 1959, (hereinafter referred to as the Act ).

(2.) Raising common questions of fact and law on the exercise of powers under Section 22 of the Arms Act by the District Magistrate, these Petitions were taken up for joint consideration treating, at the State-respondents counsel s request, the respondents Response to Writ Petition OWP No. 497/2011 as their Response to Writ Petition OWP Nos. 496/2011 & 540/2011 as well.

(3.) At the hearing of the Petitions, learned counsel for the petitioners did not press the petitioners relief in the Writ Petitions seeking quashing of District Magistrate s Communication dated 3-3-2011 to the Principal Secretary to Government, Home Department, and rightly so, because until final decision had been taken by the Competent Authority under the Arms Act on the District Magistrate s recommendations, no cause would accrue to the petitioners to question the District Magistrate s recommendations.