THE HIMACHAL PRADESH ARMS AND AMMUNITION DEALERS ASSOCIATION AND ANR v. STATE OF HP AND ORS
CWP/2915/2022 · 2025-08-12
Sushil Kukreja, Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9317 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9317 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 2025:HHC:27342-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2915 of 2022 Date of Decision: August 12, 2025 The Himachal Pradesh Arms and Ammunition Dealers Association & another ….Petitioners. Versus
State of H.P. & others ..Respondents.
Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the Petitioner: Mr.Sanjeev Kuthiala, Senior Advocate, with Ms.Sana Rana and Ms.Tamanna Sharma, Advocates, vice Ms.Rachna Kuthiala, Advocate. For the Respondents: Mr.Anup Rattan, Advocate General, with Mr.Ramakant Sharma, Additional Advocate General, for respondent No.1-State. Mr.Kunal Thakur, Central Government Counsel, for respondents No.2 and 3-UOI. Vivek Singh Thakur, J (Oral) Petitioner herein, is an Association, registered under the H.P. Trade Union Act, of Dealers and Manufacturers of Arms and Ammunition in the State of Himachal Pradesh.
2. Being aggrieved by the omission and commission on the part of respondents, having adverse impact upon the interest and business of the members of Association, legal notices were got issued by the petitioner-Association through the Advocate to the State of Himachal Pradesh, through Chief Secretary to the 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:27342-DB State of Himachal Pradesh, Secretary (Home) to the Government of Himachal Pradesh, Secretary (Home) to the Government of India and Second-in-Commandant (Arms), Ministry of Home Affairs. Copies whereof, have been placed on record as Annexures P-7 and P-10.
3.
Learned counsel for the petitioner, referring clarificatory communication dated 17.01.2018 issued by the Ministry of Home Affairs, Government of India, to all the Chief Secretaries of all the State Governments and Administrators of all Union Territories Administrations, as also agreed by the
learned counsel for the respondents, submits that effective action to address and redress the grievances raised in the notice/ representation of the petitioner-Association Annexures P-7 and P-10), is to be taken by the State Government.
4.
Learned counsel for the petitioner further submits that notices Annexures P-7 and P-10 dated 08.12.2021 and 25.02.2022 are in the nature of representations on behalf of the petitioner-Association and, therefore, in case appropriate steps are taken by the State Government of Himachal Pradesh in consultation with stakeholders, including the petitioner- Association, after giving them opportunity of hearing, to redress the grievance of the petitioner-Association in a time bound manner, petitioner would be satisfied.
5. Learned Advocate General submits that State Government is ready to consider issues raised in
3 2025:HHC:27342-DB notices/representations (Annexures P-7 and P-10) and to take appropriate action to address the issues in reference.
6. In view of above, present petition is disposed of with direction to the State of Himachal Pradesh through Chief Secretary, to ensure appropriate decision and action on the part of the respondent-State in consonance with relevant Law and Rules, including Rules 10 and 39 of the Arms Rules, 2016, with consultation of all the stakeholders, and also taking into
consideration Annexures P-6, P-8 and P-9, after giving personal hearing to the petitioner-Association and other interested persons in consonance with principle of natural justice, by passing a speaking and reasoned order addressing all issues relevant for taking into consideration subject matter including the issues raised in Annexures P-7 and P-10, to redress the grievance of all the stakeholders.
7. Entire exercise shall be completed by the State Government on or before 15.10.2025.
8. Subject to convenience and availability of the Chief Secretary/Additional Chief Secretary (Home) to the Government of H.P./Competent Authority, to consider and decide the representation, petitioner-Association shall be given personal hearing during the week commencing from 25.08.2025 by notifying the date to the petitioner-Association by advance notice through its President Ashish Oberoi, whose address has already been given in the petition as well as in the above referred notices Annexures P-7 and P-10.
4 2025:HHC:27342-DB
9. For convenience to inform, learned counsel for the petitioner-Association has also communicated Mobile Number (98166-42304) of President-Ashish Oberoi. Information to the Association also be given through communication on aforesaid Mobile Number of the President.
10.
Learned counsel for the petitioner has also submitted that President of the Association shall also inform other stakeholders about date of meeting, who are having interest in present matter, and in case after having such information such stakeholders opt to join the meeting then, they shall also be given personal hearing by the Competent Authority. Action/decision taken shall be communicated to all stakeholders, including petitioner-Association immediately thereafter.
11. State of Himachal Pradesh through Chief Secretary/ Additional Chief Secretary (Home) is also directed to file compliance affidavit within seven days after 15.10.2025.
12. List for compliance report on 03.11.2025. Pending application(s), if any, also stand disposed of. (Vivek Singh Thakur), Judge. (Sushil Kukreja) Judge. August 12, 2025 (Purohit)