IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.57753 OF 2018(GM-POLICE) Between:
Mr.Francis Claudius Mathaia, S/o Alex Lawrence Mathias, Aged about 58 years, Shop No.2-88, St.Joseph Arcade Church, Bajpe, Mangaluru – 574 142.
Also residing at:
Door No.1-108-2, Hunsekatte, Permude Post, Mangaluru Taluk, Dakshina Kannada – 574 509.
(By Sri.V.Sreenivasa, Advocate- Absent) And:
1. The Commissioner of Police, Mangalore City Commissionarate, Mangaluru – 575 001.
… Petitioner 2. The Assistant Commissioner of Police, Mangaluru North Sub-Division, Mangaluru – 575 001.
3. The Police Inspector, Bajpe Police Station, Bajpe, Mangaluru – 575 001. (By Sri.Vijay Kumar A. Patil, AGA) …Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsements/orders dated 23.05.2018 at (Annexure-A) and 28.08.2018 at (Annexure-B) both passed/issued by respondent No.1 and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER None for the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondents.
2. Perused the records. The petition is admitted for hearing.
3. In this petition, the petitioner seeks quashment of endorsements/orders dated 23.05.2018 and 28.08.2018 by which the respondents have refused to renew the license of the petitioner for sale of Arms and Ammunitions.
4. The facts giving raise to filing of the writ petition briefly stated are that the petitioner submitted a representation on 18.06.2018 to respondent No.1 to reconsider his application for grant of license. The aforesaid application has been rejected by an order dated 28.08.2018 inter alia on the ground that the land lord has refused to give ‘No Objection Certificate’ in respect of the application submitted by the petitioner. In the aforesaid factual background, the petitioner has approached this Court.
5. When the matter was taken up today, learned Additional Government Advocate fairly submitted that ‘No Objection Certificate’ has been issued by the land lord subsequent to issuance of endorsement/order dated 28.08.2018 and in case the petitioner produces the ‘No Objection Certificate’ furnished by the land lord, the application submitted by the petitioner for grant of license shall be considered afresh in accordance with law.
6. In view of aforesaid submission, the writ petition is disposed of with liberty to the petitioner to file an application along with ‘No Objection Certificate’ issued by the land lord within a period of three weeks from the date of receipt of certified copy of the order passed today.
7. In case such an application is filed, the competent authority shall decide the same by a speaking order in accordance with law within a period of four weeks from the date of receipt of such application.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-