RANJEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The petitioners have prayed for quashment of order dated 1-7-1999 Annexure P-4 passed by the Commissioner, Sagar Division, Sagar, affirming the order dated 14-01-1999. Annexure P-3 passed by the Collector, Chhatarpur.

(2.) The facts as have been unfurled are that in the year 1964 the petitioner 1 was granted a licence of rifle bearing number MP.CHP1/435/L/64 and in the year 1987 the petitioner 2 was granted a licence under MP.CHP1/9/L/87 for the 12 bore single barrel gun. The petitioner 3 was granted a licence number MP.CHP1/139/L/69 for a 12 bore double barrel gun. According to the petitioners they have never been implicated in any criminal case and have not abused the facility conferred an them. The petitioner 3 has been conferred on award by the M.P. State Police for his bravery. As averred, in the year 1987 as there was political intervention the petitioners were booked in a proceeding under Sections 107 and 117 of the Code of Criminal Procedure (in short 'the Code'). Eventually the said proceeding was dropped. At the juncture, Collector of Chhatarpur, the respondent 1, herein was informed by the Superintendent of Police, Chhatarpur that the petitioners were threatening and harassing one Ramprasad Ahirwar in relation to dispute pertaining to agricultural land and on that basis he recommended for cancellation of the gun licences which were granted in favour of the petitioners. On the basis of the aforesaid recommendation show cause notices were issued to the petitioners and they filed their reply refuting the allegations. It was pleaded before the respondent 1 that there was not complaint against the petitioners and in absence of any material there was no justification to cancel the licences. The Collector, Chhatarpur by his order dated 14-01-1999 directed cancellation of the licenses. Being dissatisfied with the said order the petitioners carried an appeal before the Commissioner, respondent 2 herein, who rejected the contentions canvassed by the petitioners and affirmed the order of cancellation. It is set forth in the writ petition that some years back son the petitioner 1 was kidnapped by dacoits and a ransom of Rs. 25,000/- was demanded. Because of this situation the petitioners had sought for gun licence, which were granted. It is pleaded in the petition that in so many years the only proceeding that ever initiated against the petitioners is one under Section 107 read with section 117 of the Code but the same having been dropped on the next day because of a compromise entered into between the parties, there was no justification to exercise the power to cancel the licences.

(3.) A return has been filed by the answering respondents contending, inter alia, that one Ramprasad Ahirwar a member of Scheduled Castes community, submitted a complaint to the District Collector, Chhatarpur on 23-4-1997 alleging that the petitioners are attempting to forcibly disposses him from his agricultural land. It was alleged that the petitioners forcibly entered into the field of the said complaint and later on put his house on fire. It has been stated that as a result of the said complaint the proceeding under section 107 read with Section 117 of the Code was initiated against the petitioners and on that basis the Superintendent of Police recommended for cancellation of the gun licences. It is further pleaded that the petitioners were given due opportunity to participate in the proceeding and on the basis of the material on record the licences under Section 17 of the Arms Act have been cancelled.