IAHWARAPPA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner has, in this writ petition challenged the order of the District Magistrate, Bijapur, the licensing authority, dated 1/10/1975 Exhibit-A and the subsequent order dated 25-10-1975 Exhibit-B filed along with I, A. No. 1.

(2.) The undisputed facts of the case are as follows: The petitioner's father held a licence under the Arms Act. 1959, which entitled him to possess a revolver bearing No. 64196. The petitioner's father died on 22nd Nov. 1972, on which date the licence granted to him was in force. After his death, his son the petitioner deposited the revolver with the concerned police authorities on the 20th December, 1972. Thereafter, the petitioner made an application on the 8th October, 1973, to the District Magistrate, Bijapur and prayed that the revolver may be handed over to his uncle the second respondent as the same has been transferred in his favour. The request of the petitioner was turned down by the District Magistrate by his order dated 1-10-1975 Exhibit-A. The District Magistrate has taken the view that as the petitioner did not become eligible to receive the firearm under the Arms Act and Rules within a period of one year from the date of deposit he has forfeited his right. He also took the view that res-pondent-2 was also not eligible to receive the firearm within the period of one year from the date of deposit. The District Magistrate refused the prayer of the petitioner and directed that the firearm be deposited in the police armoury. Thereafter, he made a final order on the 25th October, 1975, forfeiting the firearm under Sub-sections (3) and (5) of Section 21 of the Indian Arms Act.

(3.) Sri S. Vijaya Shankar, learned Counsel for the petitioner, contended that the District Magistrate committed an obvious error of law in refusing the permission sought for by the petitioner and in forfeiting the firearm in question solely on the ground that neither the petitioner nor his uncle, the second respondent, had become entitled to receive, the firearm in question by obtaining an appropriate licence to hold such firearm within a period of one year from the date of deposit.