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2006 DIGILAW 1768 (ALL)

RAJ KUMAR v. STATE OF UTTAR PRADESH

2006-07-25

VINEET SARAN

body2006
JUDGMENT Hon’ble Vineet Saran, J.—The application of the petitioner for grant of arms licence was rejected by the District Magistrate, Kaushambi, Respondent No. 2, vide his order dated 21.2.2003. Challenging the said order the petitioner filed an appeal, which has also been dismissed by the Commissioner, Allahabad Division, Allahabad on 20.9.2004. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition. 2. I have heard learned counsel for the petitioner as well as learned Standing counsel appearing for the respondents. Despite time having been granted and more than two years having passed, no counter affidavit has yet been filed. In such circumstances this writ petition is being heard and disposed of at this stage. 3. By the impugned order dated 21.2.2003, although it has been observed that the reports of the Tahsildar as well as police are in favour of the petitioner and the petitioner has no criminal antecedents, but the licence has been denied to the petitioner solely on the ground that he has not stated that he or his family members have ever been affected by dacoity or loot etc and because there are 25 licences in the village, as such there is adequate security. The Commissioner has also found the said ground to be sufficient for rejection of the application for grant of licence and thus dismissed the appeal. 4. A person would be entitled to possess a fire arm and its licence unless for some valid reason the same is denied. In the present case, although the reports of the authorities concerned are all in favour of the petitioner but merely because there has been no incident of dacoity or loot in his family or there are sufficient number of other licences already granted in village, the same cannot form basis for denial of the licence to the petitioner specially when the petitioner does not have a criminal record and all the reports of the authorities concerned are in favour of the petitioner. As such the impugned orders deserve to be quashed as the rejection of the application for grant of arms licence of the petitioner is wholly unjustified. 5. Accordingly, the orders dated 21.2.2003 passed by the District Magistrate, Kaushambi and the order dated 20.9.2004 passed by Commissioner, Allahabad Division, Allahabad are quashed. As such the impugned orders deserve to be quashed as the rejection of the application for grant of arms licence of the petitioner is wholly unjustified. 5. Accordingly, the orders dated 21.2.2003 passed by the District Magistrate, Kaushambi and the order dated 20.9.2004 passed by Commissioner, Allahabad Division, Allahabad are quashed. The District Magistrate, Kaushambi, Respondent No. 2, is directed to consider the application of the petitioner for grant of arms licence afresh in accordance with law, and in the light of the observations made hereinabove, within a period of one month from the date of filing of a certified copy of this order before him. The writ petition stands allowed. No order as to cost. Petition Allowed. ———