Petition for issue of writ of mandamus and other direction or order Art. 226 of the Constitution of India

 Petition for issue of writ of mandamus and other direction or order Art. 226 of the Constitution of India

In the High Court of Judicature at …………………

In re Art. 226 of the Constitution of India

Civil Writ Petition No…….. of ……….

Name & Address :……………………….. Petitioner

……………………………………………

versus

(1) State of ………….

Respondents.

(2) District Magistrate of………

Petition for issue of writ of mandamus and other direction or order

The petitioner above named states as follows :

1. That he held arms licence for a revolver and a shotgun till the end of year …….

2. That on ……. respondent No. 2 passed an order cancelling the said licences, but gave no reasons therefor.

3. That pursuant to the said order, the petitioner deposited the said arms.

4. That the cancellation of the said licences was, it appears, ordered under the direction of the Chief Secretary of respondent No. 1.

5. Being aggrieved with the said cancellation of the licences, the petitioner approaches this Hon'ble Court for issue of a writ of mandamus with such consequential directions as the Hon'ble Court thinks fit, on the following, among other

Grounds

1. (i) That the order of respondent No. 2, dated………. mentioned above is illegal and contrary to law inasmuch as -

(a) he has given no reasons as required under Sec. 18 of Arms Act,

(b) he has not exercised his own discretion, but has merely complied with the direction of the Chief Secretary of respondent No. 1.

(ii) That the real order of cancellation having emanated from the Chief Secretary of respondent No. 1, the petitioner has been deprived of the right of appeal as it would have been infructuous.The dice had already been loaded against the petitioner.

2. That the petitioner has no other remedy which is efficacious and expeditious in this behalf.

3. That the petitioner had made a demand for restoration of the licences and the arms but the same was refused.

4. It is prayed that the order dated………. cancelling the licences for revolver and shotgun bearing Nos………. and ……….. respectively be quashed and a writ of mandamus be issued directing respondent No. 2 to forbear from giving effect to the order against the petitioner. The said arms be directed to be restored to the petitioner. Costs of the petition be also awarded him.

N. B - An affidavit in support of the petition is also filed herewith.

Dated ………………..

(Sd.)

Petitioner.

(Sd.)

Advocate, for the Petitioner.