SURESH CHANDRA KATHURIA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition petitioner has prayed for the following reliefs: - (i) Issue writ, order or direction in the nature of certiorari for quashing the impugned order passed by the respondent No. 3 dated 6.9.2007. (ii) Issue writ, order or direction in the nature of mandamus commanding the respondent No. 3 to reconsider the request of the petitioner for grant of fire arms licence to the petitioner under Form XII on the basis of the recommendation of District Magistrate dated 21.6.2007.

(2.) PERUSAL of impugned order dated 6.9.2007 shows that for the purpose of grant of licence as required under section 5 of the Arms Act the State Government after considering the recommendation of the Collector was of the opinion that the exist ing arms dealers in the district are suffi cient to meet the requirement of licensees and there is no need to grant further li cence. It has further been opined in the im pugned order that if the fresh licence is granted, there may be a likelihood of abuse of the licence which may result in distur bance of public peace and safety.

(3.) BEFORE dealing with the rival con tention of the petitioner and the respon dents we proceed to consider the nature of right claimed by the petitioner. Petitioner applied for grant of Arms dealership li cence. Section 5 of the Act totally prohibits any person to sell, transfer, convert, repair, test or prove or expose or offer for sale or transfer or have in his possession for sale any firearms or any other arms of class or description as may he prescribed or any ammunition unless he hold in this behalf a licence issued in accordance with the pro visions of the Arms Act. Thus the petitioner has no absolute right to obtain the licence which could be claimed as a matter of right. Grant of licence is regulated by sec tion 13 and refusal to same is regulated by section 14 of the Arms Act.