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High Court of Himachal Pradesh · body

2025 DAILYLAW 32443 (HP)

THE HIMACHAL PRADESH ARMS AND AMMUNITION DEALERS ASSOCIATION AND ANR v. STATE OF HP AND ORS

CWP/2915/2022 · 2025-08-12

Romesh Verma, Vivek Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

The Himachal Pradesh Arms & Ammunition Dealers Association Vs. State of H.P. & Ors. CWP No. 2915 of 2022 03.11.2025 Present: Mr. Sanjeev Kuthiala, Senior Advocate, with M/s Tamanna Sharma & Sana Rana, Advocates, for the petitioners. Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for respondent No.1-State. Learned Additional Advocate General has placed on record a communication dated 01.11.2025, issued under the signatures of Special Secretary (Home) to the Government of Himachal Pradesh alongwith action taken by the respondents for passing an order on the representation made by the petitioners/association in compliance of the order passed by this Court. The representation of the petitioners/association has been considered and disposed of with the following observations:- “It is also seen that both the Arms Act, 1959 and Arms Rules, 2016, alongwith amendments thereunder are notified by the Government of India. The State Government has neither any role in framing the said rules etc. nor can amend any portion of the said rules or to issue/give clarification on any point at its own. Moreover, both are applicable Pan India and not exclusively in the State of Himahcal Pradesh. The facts were brought to the notice of stakeholders who further requested to take up the matter with the Government of India gain for redressal of their grievances. Accordingly, it has been resolved to sent the whole case alongwith the judgment of HHC and above recommendations to the Government of India for its consideration and taking further action.” From the above, it is apparent that now appropriate decision is to be taken by the Department of Home, Government of India; therefore, the matter is closed with the direction to the Union of India through Ministry of Home Affairs to take appropriate decision in accordance with law within a reasonable period latest by 05.12.2025, positively. Petitioners/association is also at liberty to pursue the matter with appropriate authority. The matter stands closed with the aforesaid observation. (Vivek Singh Thakur) Judge (Sushil Kukreja) Judge November 03, 2025 (Shamsh Tabrez)