Court No. - 7
Case :- WRIT - C No. - 65591 of 2015 Petitioner :- Ravi Sen Nag Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Raj Kumar,Jitendra Kumar Bhartiya Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 11.09.2015 passed by the Commissioner, Azamgarh Division, by which the petitioner's appeal against the order dated 12.02.2014 passed by the District Magistrate, Azamgarh, rejecting the petitioner's application for grant of fire arm license has been dismissed.
3. In short, the petitioner claims to be a teacher at school and he also claims to have some agricultural holding. It is then stated, on a complaint made by the petitioner, the Lekhpal, Tehsil- Phoolpur had been arrested and a criminal case under the Prevention of Corruption Act had been registered against him. Those proceedings are stated to be still pending.
4. In such factual background, it is contended that the petitioner's life and property is under threat and that he is not able to freely enjoy his freedom. Consequently, it has been submitted that his application for grant of fire arm license was wholly bona fide and genuine and the same has been rejected on an erroneous reasoning offered by the authorities that the petitioner being a teacher, there was no threat to his life.
5. Learned Standing Counsel on the other submits that while there is no error in the order passed by the authorities in rejecting the application for grant of fire arm license, in any case, upon enforcement of Arms Rules, 2016 requirement of fire arm has to be decided in terms of those Rules.
6. Having heard learned counsel for the parties, at present, the order passed by the authorities do not appear to suffer from any error. However, rejection of the earlier application may not prevent the petitioner from filing a fresh application in accordance with the provisions of Arms Rules, 2016.
7. If such fresh application is filed by the petitioner, it is expected that the same may be decided strictly in accordance with law within time limits with reference to the time limits provided under the Rules and those proceedings may not be delayed.
8. It is thus provided subject to the petitioner filing a fresh application for grant of fire arm license together with certified copy of this order within a period of three weeks, the same may be decided on its own merit in accordance with law within the time limits provided under the Rules of 2016 without being influenced by the fact that the earlier application filed by the petitioner for grant of fire arm license had been rejected.
9. With the aforesaid observation, the present writ petition is disposed of.
Order Date :- 27.11.2018 Abhilash