MALLAPPA SHIVALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER, a resident of Palabhavi village of Raibag Taluk, Belgaum District, has approached this Court being aggrieved by the refusal on the part of the second respondent District Magistrate to accede to his request for granting him a gun licence for using a smooth bore gun. Petitioner had indicated in his application that his house which is a farm house built on his agricultural land is located about 3 K. Ms. away from the main village; that there is threat of loss of crop by wild animals such as wild boars and jackals and as such to protect his crops and also for the personal safety of the members of his family who are living in a remote and far off place from the village, had applied for a licence to possess a gun.

(2.) THE second respondent District Magistrate who enquired into the matter, found that the report submitted by the District Superintendent of Police indicated that it is not desirable to grant a licence in favour of the petitioner inasmuch as the petitioner was a person who was politically active, had indulged in party politics at the village level and it is likely that a law and order problem may be created and the peaceful atmosphere in the village may be disrupted if the petitioner is provided a licence to possess a gun. It also appears that the Taluka Magistrate namely the Tahsildar had not submitted any report and the second respondent being of the view that the petitioner is not a person to whom possession of a gun as sought for should be allowed, rejected the application for grant of licence. Aggrieved by this action of refusal, the petitioner has approached this Court.

(3.) SRI. G. A. Srikante Gowda, learned Counsel appearing for the petitioner contended that Section 13 of the Arms Act (the Act for shot) enables a person to obtain a licence under the circumstances mentioned therein; that the licensing authority is duty bound to grant such a licence on an application being made and on satisfying the requirements in the Section; that the authority has refused to grant a licence without looking to the requirements of the petitioner and the material placed before the Licensing Authority; that the mere report of the concerned Police officials alone should not have been put against the petitioner for refusing a licence in his favour.