DEENA NATH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and learned standing counsel for the respondents.

(2.) This writ petition has been filed by the petitioner for issuing a writ, order or direction in the nature of certiorari quashing the impugned orders dated 20.8.2008 (Annexure No. 7 to the writ petition) passed by the respondent No. 4, Commissioner, Varanasi Region, Varanasi and 28.8.2007 (Annexure No. 5 to the writ petition) passed by the respondent No. 2, District Magistrate, Ghazipur.

(3.) Learned Counsel for petitioner submitted that that the petitioner applied for grant of firearm license under the Arms Act 1959 (hereinafter referred to as the Act) before the respondent No. 2 in the year 2005. On receipt of the petitioner's application the licensing authority called for the report of officer-in-charge of the police station Kotwali Saidpur. The officer-in-charge submitted his report before the respondent No. 2 recommended against grant of licence to the petitioner. The respondent No. 2 vide impugned order dated 28.8.2007 rejected the petitioner's application for grant of fire arm licence on the grounds inter-alia that he had no enemies, there was no special requirement of the petitioner to possess a firearm licence and that his need was not genuine.