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2020 DIGILAW 235 (ALL)

Gyan Singh v. State of U. P.

2020-01-21

SANGEETA CHANDRA

body2020
JUDGMENT : SANGEETA CHANDRA, J. 1. Heard the learned Counsel for the parties and perused the record. 2. This petition has been filed by the petitioner challenging the order passed by the District Magistrate, Gonda, dated 13.11.2009 and the order passed by the Appellate Authority dated 10.2.2010. 3. It has been submitted by the learned Counsel for the petitioner that the petitioner is a permanent resident of Village Visnoharpur, Police Station Nawabganj, District Gonda and had applied for grant of Gun license and was given the same in the year 1992 showing his residential address as that of Village Visnoharpur, Police Station Nawabganj, District Gonda. On incorrect facts a Show-Cause Notice was issued to the petitioner on 1.12.2007 by the District Magistrate, Gonda, saying that he had shown his residential address wrongly. The petitioner submitted his reply to the said show-cause notice but the District Magistrate, arbitrarily has passed an order on 13.11.2009 without considering the reply of the petitioner. 4. During the course of the arguments, learned Counsel for the petitioner insisted that the petitioner is living in Village Visnoharpur, Police Station Nawabganj, District Gonda for the past thirty years alongwith his family and aggrieved by the order passed on 13.11.2009, the petitioner filed an Appeal which has also been rejected by the Commissioner, Devi Patan Mandal, Gonda, by the order dated 10.2.2010 with a wrong observation that the petitioner had not filed any evidence that at the time of issuance of license in 1992, the petitioner's permanent residence was at Village Visnoharpur, Police Station Nawabganj, District Gonda. 5. It has been submitted by the learned Counsel for the petitioner that the name of the petitioner finds place in the Voter list of House No. 67 where the petitioner is residing in Village Visnoharpur, Police Station Nawabganj, District Gonda. Even Gram Pradhan of Gram Panchayat Village Visnoharpur, had issued a Certificate saying that the petitioner is residing in the village for the past thirty years or so. A copy of the Certificate issued by the Gram Pradhan has been filed as Annexure-7 to the petition. 6. Learned Standing Counsel, on the other hand, has pointed out from the counter-affidavit filed on behalf of the State-respondents that an Inquiry was conducted regarding license holders who had not given their permanent addresses for obtaining Arms license. Several persons were found to have shown incorrect permanent address for obtaining arms license. 6. Learned Standing Counsel, on the other hand, has pointed out from the counter-affidavit filed on behalf of the State-respondents that an Inquiry was conducted regarding license holders who had not given their permanent addresses for obtaining Arms license. Several persons were found to have shown incorrect permanent address for obtaining arms license. The petitioner was one of them and a copy of the F.I.R. lodged at Police Station Nawabganj, on 23.12.2004 in Case Crime No. 166 of 2004, under sections 419/420/467/468/471 of the IPC has been filed as Annexure-1. A perusal of the said F.I.R. would show that not only the petitioner but at least 77 other persons were found to have obtained their Arms licenses showing incorrect place of residences. The F.I.R. was lodged against all of them. On the basis of the said F.I.R. the Superintendent of Police, Gonda, sent a report on 25.7.2007 to the District Magistrate, Gonda, to initiate the proceedings for cancellation of Arms License on the ground of concealment in the application submitted for the same. On the basis of the said report submitted by the Superintendent of Police, Gonda, a notice was issued to the petitioner to show-cause on 1.12.2007. The petitioner in his reply admitted that he was the permanent resident of Village Kudauli, Police Station Laar, District Deoria. The Certificate issued by the Gram Pradhan dated 11.3.2008 has been filed as CA-3 to the counter-affidavit which showed that present Gram Pradhan of Village Kudauli, Police Station Laar, District Deoria had stated that the petitioner was the original resident of Village Kudauli but for the past 25 years or so he was living in Village Visnoharpur, Police Station Nawabganj, District Gonda and that he possessed certain fields in the Village Kudauli which were being looked after by his brothers. 7. It has been submitted by the learned Standing Counsel that the allegation against the petitioner was that he had not mentioned his permanent address in his application but had only mentioned his current address which was at Village Visnoharpur, Police Station Nawabganj, District Gonda. 8. 7. It has been submitted by the learned Standing Counsel that the allegation against the petitioner was that he had not mentioned his permanent address in his application but had only mentioned his current address which was at Village Visnoharpur, Police Station Nawabganj, District Gonda. 8. It has been argued by the learned Counsel for the petitioner that the order passed by the District Magistrate, states clearly about the judgment being rendered by this Court in Deepak Kumar Singh vs. State of LLP and Others, 2005 (52) ACC 1, where this Court has noticed the tendency to obtain Arms licenses by concealing the permanent or correct address and such action was found to be illegal. 9. Learned Counsel for the petitioner has stated that even in the counter-affidavit filed by the State-respondents the Certificate dated 11.3.2008 issued by the Gram Pradhan, Kudauli shows that the petitioner has been residing for the past several years in Village Visnoharpur, Police Station Nawabganj, District Gonda. 10. This Court has considered the submissions made by the learned Counsel for the petitioner and the Counsel appearing on behalf of the State-respondents, it is clear from a perusal of the order impugned that under some orders passed by the Government an Enquiry was conducted in District Gonda and it was, found that at least 78 persons had wrongly shown their residential addresses in their applications for obtaining Arms Licenses, an F.I.R. was lodged in 2004 against all such persons under various sections of the IPC. A report was submitted by the Superintendent of Police, Gonda, in pursuance of such F.I.R. being lodged for cancellation of Arms License on the basis of concealment of correct address in the application. A Show-Cause notice was issued to the petitioner on 1.11.2007. In the reply submitted by the petitioner, the petitioner alleged that he had been living for the past several years in Village Visnoharpur, Police Station Nawabganj, District Gonda. He had filed a copy of the Certificate issued by the Gram Pradhan of Village Visnoharpur and the Voter list of Village Visnoharpur, Police Station Nawabganj, District Gonda in his reply. 11. This reply was obviously submitted in 2007. He had filed a copy of the Certificate issued by the Gram Pradhan of Village Visnoharpur and the Voter list of Village Visnoharpur, Police Station Nawabganj, District Gonda in his reply. 11. This reply was obviously submitted in 2007. The application for license was made in the year 1992 at the time of obtaining the license, the petitioner in his application did not mention his permanent address as that of Village Kudauli, District Deoria instead he mentioned his address as Village Visnoharpur, Police Station Nawabganj, District Gonda. The District Magistrate, Gonda, after summoning the record of the application made by the petitioner came to the conclusion rightly that the petitioner had concealed his permanent address and had only given current address. The Appellate Authority by his order dated 10.2.2010 has mentioned that the petitioner in his Appeal has not filed any document to show that at the time of obtaining of license in 1992 and filing application for the same, the petitioner was permanent resident of Village Visnoharpur, Police Station Nawabganj, District Gonda, therefore, his Appeal has also been rejected. 12. This Court finds that no infirmity on the facts as mentioned in the orders dated 13.11.2009 and 10.2.2010. It was the duty of the petitioner to mention in his application both his current address of District Gonda and his permanent address of District Deoria. Then proper reports would have come from Police Station Laar, District Deoria and also from Police Station Nawabganj, District Gonda to enable the Licensing Authority to apply his mind and then pass orders granting the Gun license. 13. This Court cannot appreciate the submission made by the learned Counsel for the petitioner that he had filed a copy of the Voter list alongwith show-cause notice as the voter list of 2007-08 could not establish that the petitioner was living in the Village concerned in Police Station Nawabganj in 1992 also, when he had filed his application, and the same was processed for the grant of license. 14. Writ petition is dismissed. No order as to costs.