MAHIPAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner's brother was murdered in the village where the petitioner was also residing. The petitioner feared for his life and with this unfounded fear that he may also be murdered by unknown assailants and in order to protect his life which is a fundamental right under Article 21 of the Constitution, applied for an arms licence under the Arms Act, 1959.

(2.) THE fact that his brother died is admitted by the respondents. The fact that for this purpose the petitioner had applied is also admitted but due to short -sightedness, the District Magistrate refused to grant a licence and rejected his application on the ground that there was no threat to his life. The petitioner filed an appeal which was also rejected and consequently, the petitioner filed Writ Petition No. 58060 of 2011 which was allowed by a judgement dated 11.10.2011. The writ court quashed the order of the District Magistrate and the appellate order and directed the District Magistrate to re -decide the matter in accordance with the observations made in the judgement. For facility the extract of the judgement is quoted hereunder : -

(3.) INSPITE of this direction, the District Magistrate again rejected the application vide an order dated 6.1.2012 holding that the petitioner does not have any threat to his life. The petitioner being aggrieved, filed an appeal which was allowed and the matter was remanded. The District Magistrate again by the impugned order dated 29.8.2013 has passed an order mechanically on the same ground namely that there is no threat of the life. The petitioner being aggrieved has now filed the present writ petition.