CHANDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was granted pistol licence on 5.7.1975. Thus he possessed a pistol. The licence was due for renewal in 1981 and the renewal applications of the petitioner remained pending for one reason or the other. It was only on 16.1.1990 that the District Magistrate rejected the application of the petitioner for renewal of the pistol licence, not on merits but on the ground that the application was filed after much delay without there being a satisfactory explanation for the same. Against the said order of the District Magistrate, the petitioner filed an appeal before the Commissioner, Allahabad Division, Allahabad. The appeal was also dismissed on 29.5.1990. Challenging the said orders, the petitioner filed writ petition no. 22751 of 1990, which was decided on 30.1.1991. This Court ordered that the petitioner may file a fresh application for grant of licence, which was directed to be considered and decided by the District Magistrate within four months. The petitioner was permitted by this Court to continue to possess the pistol till disposal of the application.

(2.) In pursuance of the aforesaid order of this Court, the petitioner filed an application on 18.4.1991 for grant of fresh licence. The District Magistrate called for a report from the police of the area but the same was not submitted within the stipulated time. By virtue of the provisions of Section 13 of the Indian Arms Act, the District Magistrate then proceeded to decide the application of the petitioner without the police report. Vide order dated 5.5.1992, relying on the provisions of the Government order no. 1083 dated 13.03.1992, the District Magistrate rejected the application of the petitioner for grant of pistol licence merely on the ground that he was already in possession of the another weapon licence i.e. SBBL/DBBL gun. The petitioner was also directed to deposit the pistol.

(3.) This petition has been filed challenging the aforesaid order dated 5.5.1992 of the District Magistrate, Fatehpur. By means of an interim order passed in this writ petition, the impugned order of the District Magistrate, in so far as it directed that the pistol would be forfeited in favour of the state, was stayed.