SUNIL SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner Sri Vivek Misra and learned Standing Counsel.

(2.) This writ petition has been filed for issuing a writ of mandamus commanding the respondents to consider and decide the application filed by the petitioner for grant of licence of revolver/pistol. Time was granted to the learned counsel for the respondents for filing counter-affidavit. With the counter-affidavit a document dated 1.12.2008 has been filed, which is an order by which the application for grant of pistol licence has been rejected on the ground that the petitioner is already having a DBBL 12 bore gun licence which was granted to the petitioner in the year 2004. The ground taken in the said order is that the petitioner has not disclosed the fact as to what are the reasons for having more than one fire arms and why he needs another licence of the pistol.

(3.) Sri Vivek Misra, learned counsel for the petitioner submits that under the Act there is no bar to have more than one licence in case it is necessary. Petitioner is having a huge property and, therefore, for the security for himself, he wants to have a licence to revolver. A 12 bore gun cannot be easily carried away from one place to another. The respondents have not rejected the application on the ground of concealment of any fact. Even nothing is mentioned against the petitioner to show that the petitioner has ever misused the arm licence. In such circumstances, learned counsel for the petitioner submits that the order itself is bad and against the provisions of law. He has relied upon a judgment of this Court reported in 1999 ACJ Page 1439, Dr. Sardar Ahmad Khan v. District Magistrate, Kanpur Nagar, Kanpur. Relying upon the aforesaid judgment learned counsel for the petitioner submits that a bare reading of sub-section (2) of Section 3 of the Act makes it clear that any person is entitled to acquire or possess three fire arms. Section 3 of the Act does not provide that for acquiring a licence for a second arm, the applicant has to disclose some special reason. In such circumstances, learned counsel for the petitioner submits that the order impugned has been passed only to reject the claim of the petitioner and that too without any reason.