S IQBAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioner has prayed for a Writ of Certiorari for quashing the orders of Respondent issued on November 21, 1981 and January 18,1982 rejecting the renewal of his Gun Manufacturing Licence and further for the issuance of an appropriate writ. Direction or Order in the nature of Mandamus commending the respondent to restore the petitioners license No. DM -8/Arms dated January 25,1952 or to grant a new licence in lieu thereof.

(2.) THE petitioner had been granted a licence to manufacture 20 guns at a time (SBBL -10.DD L -5 and SBBL -5) and repairs of all kinds of Non -prohibited Bore by the District Magistrate, Jammu, vide No. DM -8 Arms dated 25 1.1952 under the then existing laws, i.e., the Jammu and Kashmir Arms Rules. According to the petitioner the license granted in his favour could not be renewed on account of his serious domestic problems, including the illness of his father, which has weakend his financial position. The said problems continued till the year 1956 -57, the petitioner moved an application before the District Magistrate, Jammu for the renewal of his original license in reply to which he was told that the same could not be done because of the Industrial Policy Resolution adopted by the Central Government Industrial Policy Resolution was adopted by the respondent in 1956. The petitioner kept quiet on account of the said Resolution for a long period without taking any further steps for either getting the renewal of his license or obtaining a fresh license till 1981.

(3.) IN 1981 the petitioner came to know about the issuance of a fresh licence to an old licensee named Shri Dharam Chand son of Some Ram care of Messrs Shiva Gun Factory. Industrial Estate (Digyana) Jammu (Tawi), who according to the petitioner in all material respects was a manufacturer like the petitioner, second awakening factor on the Industrial Policy Resolution was the Judgment of the Honble Supreme Court in the case of (Ranjit Singh etc. etc., Petitioners Vs. Union of India (Respondent) reported in AIR 1981 S.C. 461. On September 22, 1980 on the last representation of Shri Dharm Chand of the year 1977 license was issued in his favour No 4 -ix -80 dated 20 -9 -1980 authorising him to manufacture one gun at a time in lieu of his original license. He has also submitted that the license of Shri Dharm Chand issued in his favour in 1952 remain un -renewed and in -operative till 20 -9 -1980 when new license was issued in his favour by the respondent after they had first decided to restore his original license of 1952. The State of Jammu and Kashmir on November 1,1980 recommended for the increase of quota for the manufacture of guns by Shri Dharam Chand from one gun at a time to 250 gun per month i.e. 3,000 guns per year, pursuant to which the respondent increased his quota by effecting the change in his license, directed the State of Jammu and Kashmir to hand over the license to him after making relevant correction in the copy of his license, who established a Factory for the Manufacture of guns under the name and style SHIVA GUN FACTORY, Jammu -Tawi and later the respondent permitted the induction of one Shri Dhirendra Brahmachari as one of the proprietors of the said license by amending column No. 2 of the license showing the partners : (1) Shri Dharam Chand and (2) Shri Dhirendra Brahmachari. The petitioner has come up in this writ petition with the plea that gaining knowledge in the first week of May, 1981 of the above mentioned events The petitioner genuinely felt that the respondent at last had realised that there was no ban on the manufacture of guns in private sector encouraged by them made a representation on May 12, 1HS1 for renewal/restoration of his license for the manufacture of guns dated January 25 1952 quoted above. In the month of June, 1981, the petitioner also moved an application for the same, purpose before the District Magistrate, Jammu praying further for the equal treatment as with Shri Dharam Chand for the restoration of his licence and increase of quota from one to 250 guns per month. The Additional District Magistrate, Jammu recommended the petitioners case for restoration of his licence with the following: "We have no objection if his case is recommended to the Government of India for restoration of his license." The State of J&K in reply to the said recommendation intimated the petitioner through District Magistrate, Jammu vide letter issued on August 7.1981 to wait for the application of the respondent Central Government on the application made to him directly by the petitioner, when no reply was received till August 26,1981 from the respondent about his representation dated May 1981, the petitioner again made a representation on 26.8.1981 to the respondent praying for the restoration, renewal of his license and the increase of quota similar to that of Shri Dharam Chand. The respondent in its turn vide communication dated November 27, 1981 intimated about the rejection of the representation of the petitioner showing their regret that it has not been found possible to accede to it. The petitioner being aggrieved has come up in this writ petition to redress his grievance Earlier the petition was filed impleading four respondents, 1) Union of India, 2) State of Jammu & Kashmir, 3) Dharam Chand and 4) Swami Dhriendra Bramachari Later on the petitioner sought the amendment of his writ petition by deleting respondents No. 2 to 4, which was allowed and the amended petition stands only against Respondent No. 1.