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2025 DAILYLAW 36614 (KAR)

MAMATHA BHAT v. STATE OF KARNATAKA

WP/34528/2024 · 2025-02-21

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:7863 WP No. 34528 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34528 OF 2024 (GM-RES) BETWEEN: 1. MAMATHA BHAT, AGED ABOUT 45 YEARS, D/O. P. MOHANDAS BHAT, R/AT NO. 501, APT. SHAILA TOWERS, OPP. INFOSYS, KOTTARA VILLAGE, DAKSHINA KANNADA, MANGALURU - 575 006. 2. DR. TANVI SURENDRA PAI AGED ABOUT 34 YEARS, W/O. SHRIDHAR BHAT, COURTGUDDE, KASABA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA, MANGALURU - 575 006. …PETITIONERS (BY SRI. ANISH ACHARYA, ADVOCATE) AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDHI, REPRESENTED BY ITS PRINCIPAL SECRETARY, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA, MANGALURU - 575 006. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7863 WP No. 34528 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) DIRECT TO CONSIDER THE REPRESENTATION LETTER DATED 26.11.2024 ISSUED BY THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to notice for all the respondents. 2. Learned counsel for the petitioner submits that the licensee under the arms and ammunition Act, 1959, expired on 31.12.2022. The licensee's two sons continue to deal with the arms and ammunition. The petitioners are the owners of the premises in which arms and ammunition are stored and are being operated by the licensee. The grievance of the petitioners are that without getting the license renewed or transferred in the name of the legal representatives of the previous license holder, his children are dealing with the arms and ammunitions without any license. In that view of the matter, representations have been given by the petitioners on - 3 - NC: 2025:KHC:7863 WP No. 34528 of 2024 15.09.2023 at Annexure-C and on 23.08.2024 at Annexure-E, to the Competent Authority and the Deputy Commissioner, Dakshina Kannada District. However, no action is taken by the Competent Authority. Learned counsel would therefore submit that directions may be given to the Deputy Commissioner who is the Competent Authority in terms of Rule 83 of the Arms Rules, 2016, to inspect the premises and examine the stock and accounts of receipts and disposals of arms and ammunition and any other register or document and to proceed in accordance with law. 3. Consequently, the writ petitions stands disposed with a specific direction to respondent No.2-Deputy Commissioner, Dakshina Kannada District to proceed to consider the representations given by the petitioners and act in terms of Rule 83 of the Arms Rules, 2016, as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv Sl No.: 18, CT: BHK