Heard Sri Alok Kumar, learned counsel for the petitioner and learned Standing Counsel.
Facts in brief as submitted by the counsel for the petitioner are that the petitioner applied for grant of arm license of Revolver to the O.P. No. 2/District Magistrate, BahraichLicensing Authority on 06.08.2012. Thereafter the necessary formalities were completed by the concerned authorities and since then the matter is pending at his hand and has not been disposed of, hence the present writ petition has been filed with the prayer that the opposite party may be directed to consider the grant of Fire Arms Licence of Revolver/Pistol to the petitioner forthwith for his safety and decide the representation of grant of Fire Arm Licence of Revolver/Pistol expeditiously.
I have heard the counsel for the parties who are present today and gone through the record.
Now it is well settled law that right of life as guaranteed under Article 21 of the Constitution of India is a fundamental right and if a citizen feels that his life is in danger then in order to protect the same he has a right to get a arms licence from authority concerned in accordance to the provisions as provided under law for the said purpose.
Keeping in view the said facts, the interest of justice will sub-serve if the O.P. No. 2/District Magistrate, Bahraich/Licensing Authority is directed to consider the petitioner's case for grant of arms licence within the ambit and provisions as provided in this regard under the Arms Act, 1959.
For the foregoing reasons, the writ petition is disposed of with a direction that the O.P. No. 2/District Magistrate, Bahraich/Licensing Authority shall consider the petitioner's case for grant of arms licence in accordance with law within a period of eight weeks from the date of receiving the certified copy of this order.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 6.5.2014/Ravi/