AKASH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of the present petition, the petitioner seeks a writ in the nature of certiorari quashing impugned orders dated 9.7.2008 passed by the Commissioner, Varanasi Division, Varanasi and 26.12.2007 passed by the District Magistrate, Ghazipur (Annexures 1 and 2 to the writ petition respectively). Petitioner's application for grant of arm license was rejected by the District Magistrate, Ghazipur on the ground that his father was a history sheeter and was involved in various heinous crimes and that his reputation in the area was not good. Against the order passed by the District Magistrate rejecting the application for grant of arm license, the petitioner preferred an appeal before the appellate authority, which was also dismissed.

(3.) IN view of the requirement as provided under Section 14 of the Act, it is obligatory upon the District Magistrate/Licensing Authority to record the reasons in writing, in case he refuses to grant a license and communicate the same to the applicant. One of the grounds enumerated under section 14 of the Act is that the District Magistrate can refuse to grant the license if he is satisfied that grant of license to the applicant will disturb the peace and tranquility of the area. Various factors including registration of the criminal can also be a ground for rejecting the application provided the satisfaction is arrived on the basis of objective material collected from various agencies. The grant of license is statutory right unless and until the person satisfies the requirement of statute, license can not be granted.