Court No. - 7
Case :- WRIT - C No. - 69 of 2014 Petitioner :- Babu Ram Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Smt. Abha Gupta Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Present writ petition has been filed by the petitioner against the order dated 29.12.2012 passed by the licensing authority by which, the petitioner's application for grant of a firearm licence had been rejected. That order was upheld in appeal by the order of the Commissioner dated 06.11.2013.
3. Short submission advanced by learned counsel for the petitioner is that the application of the petitioner has been rejected merely on an observation made in that order that there is no threat perception to the petitioner. In this regard, it is submitted even if such reason is accepted, it cannot allow the licensing authority to reject the application of the petitioner for grant of a firearm licence in view of Section 14(1) read with Section 13 of the Arms Rules, 2016. Also, reference has been made to the recent decision of this Court in the case of M/s Agrawal Brothers Chowk Bazar Thru. Proprietor & Another Vs. Union of India Thru. Secy. Ministry of Home & 2 Others in Misc. Bench No. 828 of 2015, decided on 28.11.2017.
4. The aforesaid submission made by the petitioner appears to carry weight. The application for grant of fire arm licence once made by a person eligible under Section 13 of the Arms Act, 1959, may be refused only for reason to believe that may be recorded with respect to matter enumerated under Section 14(1)(b)(i) or 14(1)(b)(ii) of the Act.
5. Plainly, the threat perception does not exist as one of the reasons or factors on which fire arm licence may be refused. Even otherwise, in view of recent decision of this Court in the case of M/s Agrawal Brothers Chowk Bazar Thru. Proprietor & Another Vs. Union of India Thru. Secy. Ministry of Home & 2 Others (supra), matter requires reconsideration.
6. At the same time, it cannot lost sight of that during the pendency of the writ petition, Arms Rules, 2016 have been enforced which require an application for grant of a firearm licence to be made on a completely new format making various disclosures. Hence, instead of remitting the matter to the licensing authority or the appellate authority, it is left open to the petitioner to make fresh application for grant of a firearm licence under the Arms Rules, 2016. If such an application is made within three weeks from today along with a certified copy of this order, it is expected that the licensing authority shall decide that application on its own merits without being prejudiced by the fact that the earlier application filed by the petitioner had been dismissed. Such application may be decided as expeditiously as possible, preferably within the timelines indicated in the Arms Rules, 2016.
7. With the aforesaid observation, the present writ petition is disposed of.
Order Date :- 22.1.2019 Abhilash