DHARAM PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By medium of this writ petition, a direction is sought to be issued to the respondents to substitute the name of the petitioner in the Arms Licence Number 4/ix/80/F. No. 11020/55/75-GPA-11(v) dated 20-9-1980, issued under Section 5 of Arms Act, read with Rule 51 of the Arms Rules, and allow him to exercise all the powers of licencee for the purpose of managing and owning Shiva Gun Factory, and to have physical possession of the premises along with all stores, workshop, equipments and other allied items.

(2.) In the petition, it is stated that the late Shri Dharindra Brahamchari invested 87.5% of the total capital for the running of Shiva Gun Factory, and for this purpose, a partnership deed was effected by him with one Dharam Chand. Dherindra Brahamchari is said to have become one of the licencees in the licence issued under the Arms Act and the Rules made thereunder, whose name also exists therein. He however, bequeathed his share to the petitioner in the said Gun Factory and for his purpose made a Will in favour of the petitioner on 8-6-1994. The Brahamchari on the following day died in an air accident.

(3.) In order to effectuate the will the petitioner moved a petition under the Probate and Letters of Administration Act 1959, before the learned District Judge, Jammu. The District Judge after following the procedure as established by law, has issued a certificate of Probate with letter of administration in favour of the petitioner, holding him entitled to all the interests in the Shiva Gun Factory, Digiana, Jammu along with licence.