RAM PRATAP MGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) BINOD Kumar Roy, J. The petitioner assails validity of the order dated 29-9-1981 passed by Pargana Magistrate, Shahjahanpur rejecting his prayer to grant licence for a D. B. B L. Gun under the provisions of |he Arms Act, as contained in Annexure-4 as well as the appellate order dated 18-6-1982 passed by the Additional District Magistrate, Shahjahanpur in appeal No. 26 of 1981 preferred against the aforementioned order.

(2.) THE petitioner asserts, inter alia, that his father Shyam Lal Agrawal was a licensee under the Arms Act and was holder of a O. B. B. L. gun, who however, died in 1981 and thereafter his gun was deposited with the police which is still lying deposit at Sadar Malkhana, Pilibhit; that the petitioner applied for grant of a licence in his name and for transfer of the gun to him on the ground that he happens to be the heir, that comments were called for from the police; that S. O. Pawai, C. O. Pawai and Superintendent of Police, Shahjahanpur all submitted their reports recom mending grant of licence, yet by the impugned order the Pargana Magistrate proceeded to reject his prayer on the ground that in the village 23 persons have already been granted licence besides there is party-bandi in the village and hence it will not be in public interest to grant the licence. THE appellate authority held that the aforementioned reasons are sufficient besides the appellant has not furnished any proof to support his heirship.

(3.) IT has already been held by this Court time without numbers that existence of licence in the village is not a relevant ground to reject the prayer for grant of licence under the Arms Act. In the aforementioned view of the matter it is difficult for me to uphold the impugned order.