Captain (Retd) Vishwajeet Sadanand Raut v. The State Of Maharashtra, Through Public Prosecutor And ORS

skn 1/2 9397.13-wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9397 OF 2013 Captain (Retd.) Vishwajeet Sadanand Raul.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Deepak Narayan Salvi for the petitioner.

Mrs.M.P.Thakur, AGP for respondent Nos.1 to 6. CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED :

5th February 2016.

P.C. :

Not on board. Taken up on the board.

2.

Heard leaned counsel for the petitioner. The grievance is that the writ petition is not reaching though it has appeared on various dates. Therefore, we have taken up this petition for hearing as to admission.

3.

The first prayer is for issuing a writ of mandamus directing the fifth respondent to decide the applications at Exh.G. There is an affidavit-in-reply filed of Shri Vishnu Rambhau Mane, Assistant Commissioner of Police (Administration), Pune. In paragraph- 4 of the said affidavit, it is stated that the 24 applications mentioned at Exh.G have been rejected. Therefore, the remedy of the petitioner is to challenge the orders of rejection in accordance with law.

skn 2/2 9397.13-wp.sxw As far as the prayer (b) of the petition is concerned, the petitioner is seeking a writ of mandamus directing respondent No.6 to delete an endorsement made on the Arms licence. Admittedly, the petitioner has not made any application for seeking deletion of the endorsement before filing this petition seeking a writ of mandamus. Hence, this writ petition cannot be entertained at this stage as far as the prayer (b) is concerned.

4.

Accordingly, the petition is disposed of.

5.

It will be open to the petitioner to challenge the order of rejection of his applications. It will also be open to the petitioner to apply for the deletion of the endorsements made on the Arms licence. (C.V. BHADANG, J) (A.S.OKA, J)