MIRAJ Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) UNDISPUTEDLY , petitioner has moved application seeking arms licence on 30.08.2012 before the District Magistrate Udham Singh Nagar; since learned District Magistrate did not pass any order on the application of the petitioner seeking arms licence, petitioner has approached this Court by way of filing Writ Petition 173 of 2015 (M/S), Mohd. Miraj v. State of Uttarakhand and others; when writ petition was taken up for hearing on 21.01.2015, Mr. S.S. Chauhan, learned Deputy Advocate General, appearing for the State/respondents, made statement before this Court that if application dated 20.08.2012 has not been disposed of as yet, decision thereon shall be taken by the District Magistrate, Udham Singh Nagar in accordance with law preferably within four weeks from today; Writ Petition No. 173 of 2015 was disposed of vide order dated 21.01.2015 in the light of the statement made by Mr. S.S. Chauhan, learned Deputy Advocate General; learned District Magistrate, Udham Singh Nagar, thereafter, passed order dated 07.02.2015 saying all the applications seeking arms licence filed on or before 31.12.2012 are rejected; however, applicants may move fresh applications if they still require arms licence because of their life threat; feeling aggrieved, petitioner has filed present writ petition. I have heard Mr. Pradeep Chamiyal, learned counsel for the petitioner and Mr. S.S. Chauhan, learned Deputy Advocate General for the State.

(2.) ALLAHABAD High Court in the case of Ganesh Chandra Bhatt v. District Magistrate, Almora and others reported in : AIR 1993 Allahabad 291, in paragraph Nos. 63, 64, 69 and 84 has held as under: - -

(3.) SECTIONS 13, 14, 15 and 17 of the Arms Act, 1959 are being reproduced hereunder: - -