RAM KHELAWAN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Ram Khelawan Misra, a resident of village Samgara Tahsil and Police Station Baberu district Banda, against the orders passed by the District Magistrate, Banda, dated 12th Jan. 1979 and the Commissioner, Jhansi Division, jhansi, dated 30th Mar. 1979 refusing to grant a licence for a rifle to the petitioner. The petitioner has challenged the order passed by the District Magistrate on the ground that the order is not in accordance with law and the reason given by the District Magistrate that the need of the applicant is not genuine is not a valid ground for refusing the licence. The order of the Commissioner in appeal has also been challenged on the same ground.

(2.) A counter affidavit has been filed on behalf of the respondents in which ii was stated that the impugned order was passed after carefully going through the record and after hearing the learned counsel for the petitioner and keeping in view all facts and circumstances of the case. In the rejoinder affidavit, it has been re-asserted that the need of the petitioner was genuine, as the rifle was required for the protection of his life and property.

(3.) I have heard the learned counsel for the petitioner and the Standing Counsel and perused the material on the record.