ABDUL KAFI Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) -The writ petition was heard and allowed by me vide my order dated 5th September, 2002, for the reasons to be recorded later on. Now here are the reasons for allowing the aforesaid writ petition.

(2.) THE present petition under Article 226 of the Constitution of India is directed against the order passed by the Licensing Authority/ District Magistrate, Allahabad, dated 17th June, 1999, Annexure-7 to the writ petition, whereby petitioner's representation has been rejected, who had applied for grant of fire-arm licence, i.e., a D.B.B.L. gun, despite the reports of all the concerned authorities in favour of petitioner for grant of licence. It is submitted that petitioner has also deposited the National Saving Certificate worth Rs. 5,000 on 1st July, 1992, in this regard. THE City Magistrate, Allahabad, vide his report dated 20th July, 1992, has also recommended for grant of licence. However, licensing authority, overruling the aforesaid recommendation, as already stated, vide his order dated 25th August, 1992, passed an order refusing to grant the firearm licence of the petitioner merely on the ground that petitioner has not stated in his application form as to from whom he has danger to his life and there is no such police report also. In this view of the matter, the application has been held to be not maintainable and has been rejected.

(3.) THE petitioner along with the aforesaid order passed by this Court filed a representation addressed to the Licensing Authority/ District Magistrate, Allahabad, a copy whereof is appended as Annexure-6 to the writ petition. THE licensing authority again rejected the petitioner's application/ representation for grant of firearm licence on the ground that petitioner has not filed any representation and, therefore, pursuant to the direction of this Court, petitioner's application is liable to be rejected as the petitioner has reiterated the same reasons and grounds for which the application for grant of firearm licence has already been rejected. This order was passed by the licensing authority on 17th June, 1999. THE petitioner by means of the present writ petition has challenged the order dated 17th June, 1999, passed by the licensing authority with a further prayer that a writ of mandamus be issued directing the respondents to grant firearm licence to the petitioner.