Dismissed

Kalyan S/O. Janba Mandale v. the State of Maharashtra and Ors.

Bombay HC10 Sept 2009WP/747/2009

Case brief

AI extract

What is this about?

This court dismissed a criminal writ petition challenging the rejection of an application for an arms licence. The petitioner alleged lack of hearing and improper inquiry. The court found no violation of legal provisions or natural justice in the dismissal of the application by the Collector and Commissioner. The writ petition was dismissed under Article 226.

What did the court decide?

The writ petition is dismissed.

Kalyan S/O. Janba Mandale Vs the State of Maharashtra… — Service and Employment | Bombay HC (2009)

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1 Crwp 747 of 2009

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.747 OF 2009

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Kalyan s/o Janba Mandale. ... Petitioner.

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Versus

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The State of Maharashtra
& Others. ... Respondents.

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Shri. P.G. Mahalankar, holding for Shri. B.N.
Patil, Advocate for the petitioner.

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Shri. S.D. Kaldate, Additional Public Prosecutor,
for respondents Nos.1 to 6.

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CORAM: NARESH H PATIL &
 SHRIHARI P DAVARE,JJ.

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 DATE: 10th SEPTEMBER 2009

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PER COURT :

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1)Heard.

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2)The learned counsel for the petitioner

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submitted that the application filed by the

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2 Crwp 747 of 2009

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petitioner for seeking arms licence has been
erroneously rejected by the Collector. The
petitioner should have been heard by the

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authorities concerned before passing final order.
The persons, who are opposed to the petitioner
and had challenged the licence of the fair price
shop, were adversely interested and the police
did not conduct proper inquiry.

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3)Under the provisions of the Arms Act
1959 the police report was called by the

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Collector, Latur and after going through the
report and the material placed before him the
Additional Collector Latur by order dated
24-3-2008 rejected the application of the
petitioner. The petitioner filed an appeal
before the Divisional Commissioner Aurangabad.

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By order dated 22-10-2008 the Commissioner
considered the issue raised by the petitioner
and concurred with the view adopted by the
Collector.

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3 Crwp 747 of 2009

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4)We do not find any violation of the
provisions of law in screening the application of
the petitioner. The police authorities and the
Collector after considering the facts of case,
character and antecedence of the applicant and
after taking into consideration over all view of
the matter decided application for grant of
licence.

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5)In exercise of extraordinary writ
jurisdiction under Article 226 of the
Constitution we do not find that the petitioner
has made out a case.

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6)The writ petition is dismissed.

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(SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.)

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rsl/ crwp.747.09

Kalyan S/O. Janba Mandale v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Kalyan S/O. Janba Mandale v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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