Court No. - 36
Case :- WRIT - C No. - 25598 of 2018 Petitioner :- Prem Kumar Tyagi Respondent :- State Of U P And Another Counsel for Petitioner :- Ram Kishun Misra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Written instructions supplied by learned Standing Counsel are taken on record.
By means of the present petition, the petitioner seeks a mandamus commanding the respondent No.2 namely the District Magistrate, Ghaziabad to consider the application for grant of license moved by the petitioner.
In paragraph '6' of the writ petition, it is submitted by the petitioner that he went to the office of the District Magistrate, Ghaziabad to submit the application form for issuance of license after completion of the requisite formalities, but for the reasons best known to the official concerned, his form was not accepted. As a result of it, he is constrained to file the present writ petition.
Upon presentation of the writ petition, this Court has asked the learned Standing Counsel to seek instructions from the District Magistrate, Ghaziabad to give reason as to why the form filled by the petitioner was not received in his office.
In the written instructions supplied today, under the signature of the District Magistrate, Ghaziabad it is sought to be contended that pursuant to the directions of this Court dated 7.10.2013 in Writ Petition No.3268/MB/2012 (Jitendra Singh v. State of U.P. & Ors.) as also the Government Order dated 14.3.2016, the applications received in the office of the District Magistrate are being considered only on three grounds i.e.
(1) the family heirloom policy;
(2) for victims of crime;
(3) for sports person of national and international level who require fire-arm to participate in the Shooting competition.
Reference has also been made to the previous Government Order dated 11.9.2014 to state that the ban imposed by the State Government, restraining consideration of such applications on any other ground pursuant to the directions issued by this Court in the judgment and order dated 7.10.2013, is still operative.
The Division Bench of this Court in a recent pronouncement in Misc. Bench No.828 of 2015 (M/S Agarwal Brothers Chowk Bazaar Thru. Proprietor & Anr. v. Union of India Thru. Secy. Ministry of Home & 2 Ors.) has directed as under:-
"It is an admitted position that when the applications for licence were made by the petitioners and when they were rejected, the Arms Rules, 2016 (for short 'Rules 2016') framed in exercise of the powers under Section 44 of the Arms Act were not in force. It further appears that this Court from time to time had issued directions/made observations in some petitions, including the order dated 7.10.2013 passed in Misc. Bench No. 3268 of 2012, and in pursuance thereof, the State Government had issued certain orders prescribing the guidelines for regulating the grant of licences. By order dated 7.10.2013, passed in Misc. Bench No. 3268 of 2012, a direction was issued not only to the State Government but also to the Central Government to come out with a plan to regulate grant of licence. In this backdrop, it is stated that the Central Government in exercise of the powers conferred by sections 5, 9, 10, 11, 12, 13, 16, 17, 18, 21 and 41 and in supersession of the Arms Rules, 1962, made the Rules, 2016 which came into force on 15.7.2016. In this view of the matter, counsel for the parties have agreed for the following order:
It is open to the petitioners to make fresh applications in the prescribed form under the Rules, 2016. The concerned authority shall deal with their applications, as and when made, within a period of twelve weeks from the date of the receipt of their applications, in accordance with the Rules, 2016. In view thereof, the orders, whereby the petitioners' applications came to be rejected, shall render ineffective and the concerned authority shall consider their fresh applications uninfluenced by those orders. If the State Government make any attempt to implement their orders issued from time to time, it is open to the aggrieved persons to take appropriate remedy against such action. These petitions are accordingly disposed of."
Considering the above noted directions issued by this Court in the light of the fact that pursuant to the order of this Court, the Central Government has framed Arms Rules, 2016, this Court comes to an irresistible conclusion that the opinion formed by the District Magistrate, Ghaziabad is wholly perverse and is against the spirit of the Arms Rules, 2016. All applications received in the office of the Licensing Authority are required to be considered strictly in accordance with the Arms Rules, 2016. There is no justification for the District Magistrate to rely upon the Government Orders dated 11.9.2014 and 14.3.2016 to state that there is a ban restraining consideration of applications on any other ground.
In view of the above, the present petition is being disposed of with the directions as follows:-
(1) The petitioner shall approach the office of the District Magistrate, Ghaziabad within a period of two weeks along with certified copy of this order as also duly filled application form as per the Arms Rules, 2016.
(2) In case of submission of such application, the District Magistrate, Ghaziabad who is the Licensing Authority is required to consider the same and take decision strictly in accordance with the Arms Rules, 2016, expeditiously, preferably within a period of three months from the date of submission of the application after seeking requisite reports. The order passed by the District Magistrate shall duly be intimated to the petitioner immediately thereafter.
Order Date :- 23.8.2018 Jyotsana