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2016 DIGILAW 204 (UTT)

Rakshit Sharma v. State of Uttarakhand

2016-05-06

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, petitioner seeks writ in the nature of certiorari quashing the impugned communication dated 05.10.2012, issued by respondent no. 1. A further prayer has been sought directing the respondents to pass an appropriate order for the renewal of the arms license of the petitioner to All Over India. 2. Petitioner was granted arms license (Revolver) in the year 2009 valid within the State of Uttarakhand by the District Magistrate, Dehradun. On expiry of the Arm License on 03.10.2015, the petitioner applied for the renewal of the same with request to extend the State License to All India License but the same was declined by the authorities concerned referring the G.O. dated 5th October, 2012 issued by the Government of Uttarakhand, stating therein that license could be renewed for the state level only. Feeling aggrieved, petitioner has preferred present writ petition. 3. I have heard learned counsel for the petitioner and learned counsel for the State and have carefully perused the record. 4. Undisputedly, G.O. dated 5th October, 2012 was issued in view of the letter issued by the Ministry of Home Affairs, Govt. of India, dated 31st March, 2010 which reads as under :- “At present powers have been delegated to the State Government for allowing all India validity of NPB licences at their level. It has been decided that the State Government may allow area validity up to a maximum of three adjoining States and also to consider AIV requests at State level for (i) sitting Union Ministers/MPs, (ii) Personnel of Military, Para Military, (iii) officers of All-India Services and (iv) officers with liability to serve anywhere in India, and (v) Sports persons. AIV may be allowed for 3 years, after which it shall be reconsidered by the State Government based on need and the area validity can be either reduced or allowed to continue for another three years. Request from above categories of applicants may be approved at the lavel of Secretary (Home) of the State concerned. In the cases of applications not covered by the above categories, the State Government shall seek prior concurrence of MHA with full justification in deserving cases. All India validity may be allowed for three years by the State Government with prior concurrence of MHA. The State Government may send data of All-India validity on quarterly basis to MHA.” 5. In the cases of applications not covered by the above categories, the State Government shall seek prior concurrence of MHA with full justification in deserving cases. All India validity may be allowed for three years by the State Government with prior concurrence of MHA. The State Government may send data of All-India validity on quarterly basis to MHA.” 5. Learned counsel, appearing for the parties, submitted that in view of contents of letter dated 31st March, 2010 issued by the Ministry of Home Affairs, Government of India, before issuing the national level arms license to the persons not covered under any clause of the letter dated 31.03.2010, matter is required to be placed before the Ministry of Home Affairs, Govt. of India for consent and after consent of the Ministry of Home Affairs, Govt. of India, national level arm license can be issued. However, in the present matter, case of the petitioner was never referred to the Ministry of Home Affairs, Govt. of India for appropriate directions and orders and straightway national license was declined to be renewed and it was renewed only for State level. 6. Consequently, writ petition stands disposed of with the direction to respondent Nos. 2 and 3 to refer the case of the petitioner for renewal of the license for the national level to the Ministry of Home Affairs, Govt. of India in the light of the letter dated 31st March, 2010 issued by the Government of India as mentioned in the G.O. dated 5th October, 2012 within three weeks from today. After communication is received from the Government of India, appropriate decision shall be taken on the question of renewal of National Arms License. No order as to cost.