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2025 DAILYLAW 2327 (JK)

BHARGAV ARMS CO. ARMS AND AMMUNITION MANUFUCTURERS TH MADAN MOHAN BHARGAV v. UT OF J AND K TH DEPUTY COMMISSIONER JAMMU

WP(C)/461/2025 · 2025-02-28

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 461/2025 Bhargav Arms Co. Arms and Ammunition Manufacturers Plot No. 1&1A, Phase-II, Industrial Area, Gangyal, Jammu Through its Joint Proprietor Madan Mohan Bhargav, Age 65 years, S/O Dogar Nath Bhargav R/O 1-A/C-C Opposite Women College, Gandhi Nagar, Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Sachin Gupta, Advocate Vs Union Territory of Jammu and Kashmir Through Deputy Commissioner, Jammu .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (28.02.2025) 01. Petitioner-Bhargav Arms Co. Arms and Ammunition Manufacturers, through the medium of this petition filed under Article 226 of the Constitution of India, has prayed for the following reliefs :- i. “Issue writ in the nature of mandamus commanding the respondent to grant transport/permission license in favour of the petitioner so as to facilitate the export of the arms and ammunitions manufactured in consonance Serial No. 52 2 WP(C) No. 461/2025 with the license granted in favour of the petitioner; ii. Issue writ in the nature of mandamus not to interfere in the peaceful functioning of the petitioner's firm as the same is operating in consonance with the Arms Rules 2016.” 02. Learned counsel for the petitioner submits that the petitioner’s firm has sold the fire arms to some of the firms detailed in annexure-I and that the dealers to whom the petitioner’s firm has sold the arms have obtained the No Objection Certificate (NOC) from the District Magistrates having jurisdiction over those areas, however, for transporting the arms, license for transportation is also required from the jurisdictional District Magistrate which in the present case is District Magistrate, Jammu and despite applying for the transport license by the petitioner, the respondent-District Magistrate, Jammu has not granted the same so far and as a result thereof the petitioner’s firm has been suffering losses in its business. 03. It is further submitted by the learned counsel for the petitioner that the petitioner shall be satisfied in case, this petition is disposed of, at this stage, with a direction to the respondent-District Magistrate, Jammu to consider the plea raised by the petitioner’s firm within a reasonable time for grant of license. His statement is taken on record. 04. Having regard to the pleadings and submissions urged at the Bar, this petition is accordingly, disposed of, at this motion stage, with a direction to the respondent-District Magistrate, Jammu to consider the plea raised by the petitioner for grant of transport license as applied for in accordance with the law/rules applicable on the subject 3 WP(C) No. 461/2025 and take a decision thereon expeditiously within a period of two weeks. 05. Disposed of. (M A CHOWDHARY) JUDGE JAMMU 28.02.2025 SUNIL