RAM KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This is an intra court appeal filed by the appellant aggrieved by the impugned order of the learned Single Judge in W.P.No.3525/2008, whereby his writ petition in relation to refusal to grant arms licence by the respondents has been dismissed.

(2.) Briefly stated the facts of the case giving rise to this appeal are that the appellant had made an application to the licensing authority on or around 2006 for grant of an arms licence to possess pistol/revolver to him. The request of the appellant for grant of licence was declined by the licensing authority vide order dated 21 st June 2006, aggrieved wherefrom the apellant had preferred an appeal being Appeal (Arms) No.30/06 before the Commissioner Chambal Division, Morena, which appeal was dismissed by the appellate authority vide order dated 17 th September 2006 and the order of licensing authority refusing to grant arms licence to the appellant was affirmed. After the appeal of the appellant was dismissed by the appellate authority, the appellant had preferred a writ petition before this court being W.P.No.5209/06 and in that writ petition, learned Single Judge of this court vide order dated 4 th November 2006 remanded the case to the appellate authority for a fresh decision on merits, as the appellant's appeal was dismissed by the appellate authority earlier on the ground of limitation. Pursuant to the order passed by the learned Single judge of this court dated 4 th November 2006 in W.P.No.5209/06, the appellate authority decided the appeal afresh and vide its order dated 11 th July 2007 remanded the case back to the licensing authority for fresh decision on merits of the case. Pursuant to the said remand order by the appellate authority, the licensing authority vide its order dated 30 th January 2008 (Annexure P/ 2 at page 20 of the appeal paper book) again rejected the request of the appellant for grant of arms licence to him and aggrieved from the said order of the licensing authority, the appellant filed an appeal before the appellate authority being Appeal No.21/08 (Arms), which was dismissed on merits by the appellate authority. The appellant still being not satisfied challenged the order of the licensing authority and also that of the appellate authority by filing a writ petition being W.P.No.3525/08, which has been dismissed by the learned Single Judge vide order dated 22 nd October 2009 that has been impugned in the present appeal.

(3.) We have heard Shri K.N.Gupta, learned senior counsel appearing on behalf of the appellant and Shri Vivek Khedkar, learned Dy.Advocate General appearing on behalf of the respondents/State. We have also perused the record and the appeal paper book.