Ghanshyam Kushwaha @ Ramji ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 3192 MP

                                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                         BEFORE
                                                           HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                                  ON THE 7th OF MARCH, 2022

                                                            WRIT PETITION No. 4808 of 2022

                                               Between:-
                                               GHANSHYAM KUSHWAHA @ RAMJI KUSHWAHA
                                               S/O   HARBAL    KUSHWAHA    OCCUPATION:
                                               AGRICULTURIST R/o KHISTON POLICE STATION
                                               PRITHVIPUR  DISTRICT   NIWARI   (MADHYA
                                               PRADESH)

                                                                                                      .....PETITIONER
                                               (By Sumit Kanojiya, Advocate )

                                               AND

                                   1.          THE STATE OF MADHYA PRADESH TTHROUGH
                                               PRINCIPAL SECRETARY, DEPARTMENT OF HOME
                                               AFFAIRS VALLABH BHAWAN, BHOPAL (MADHYA
                                               PRADESH)

                                   2.          THE COLLECTOR, N I WAD I DISTRICT NIWADI
                                               (MADHYA PRADESH)

                                   3.          THE     COMMISSIONER, SAGAR     DIVISION,
                                               DISTRICT SAGAR (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                               (By V.P. Tiwari, Panel Lawyer)



                                                                                ORDER

The innocuous prayer of the petitioner is that his representation Annexure P/4 pending before the Collector, Niwadi since 13.12.2021 be decided at the earliest.

Earlier the Collector, Niwadi has cancelled the Arm License of the petitioner vide order dated 28.06.2021 on the assumption that since two criminal cases were registered against the present petitioner, he may misuse the Arm License. This order was challenged before the Commissioner and the Commissioner vide order dated 27.08.2021 allowed the appeal of the petitioner after considering the documents produced before him including the judgment of the Court below in which the petitioner was acquitted. The Commissioner thereafter restored the Arm License of the petitioner.

Signature Not Verified SAN

Digitally signed by BHARTI GADGE Date: 2022.03.07 15:47:13 IST The grievance of the petitioner is that despite the fact that the order of the

Collector has been set aside and the Commissioner has restored his Arm License, the Collector is not passing any order on the same and his application has been kept pending for the last three months.

Learned counsel for the respondents/State has no objection if the

representation of the petitioner is decided in light of the order passed by the Commissioner.

In view of the submissions made by the counsel for the parties, without adverting to the merits of the case, this petition is disposed of with a direction to the Collector, Niwadi to decide the aforesaid pending representation of the petitioner in light of the order passed by the Commissioner, Sagar dated 27.08.2021.

Let this exercise be completed within a period of 45 days from today. With the aforesaid direction, this petition stands disposed of.

(NANDITA DUBEY) JUDGE b

Signature Not Verified SAN

Digitally signed by BHARTI GADGE Date: 2022.03.07 15:47:13 IST