RAMCHARAN PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 and 227 of the Constitution of India, the petitioner has challenged the order of the District Magistrate, which has been confirmed in appeal by the Commissioner, Rewa, whereby the arms licences of the petitioner have been revoked. The petitioner is an agriculturist, who was granted a licence to purchase 12 bore gun in the year 1969, but, that gun was stolen on 20.2.1982, of which, a report was lodged at the concerned police station (Annexun.: -8), therefore, he filed an application before the District Magistrale, that he is already possessed of a licence and, therefore, he be permitted to purchas another 12 bore gun. The petitioner also made another application for grant of a fresh licence. The Additional District Magistrate, who was not vested with the statutory powers to grant licence, granted licence. The District Magistrate having come to know, issued a notice to show -cause why both licences of the petitioner be not revoked. No reply to the show -cause notice was filed. Hence, District Magistrate on two grounds; one is that the petitioner could not keep the safe custody of the arms and other is that the petitioner suppressed the fact of having one arm and its licence of. 315 bore rifle, revoked the licences.

(2.) AGGRIEVED of the said order, the petitioner preferred an appeal. The Appellate Authority after hearing the petitioner and on going through the record dismissed the appeal, hence, this petition. Shri Mrigendra Singh, counsel for the petitioner and Shri P.D. Gupta, G.A. for the State heard. The grievance of the petitioner is that he was not served the show -cause notice under section 17 (3) of the Arms Act, therefore, order of the District Magistrate (Annexure -F) dt. 3.6.1985 is illegal and deserve to be quashed and also that of the Appellate Authority (Annexure - H).

(3.) IN view of the above, no interference is called for. However, in the circumstances of the case and the fact that as the petitioner was granted permission by the Additional District Magistrate for purchase of the and on the licence which he was already holding, the petitioner may apply to the District Magistrate afresh for grant of licence, if such prayer is made, that shall be considered and disposed of in accordance with law. At this stage the petitioner also made a prayer that the petitioner be allowed to sell the two arms of which the licence have been revoked. For that also the petitioner has to approach the District Magistrate. Accordingly, the petition is disposed of in the manner aforesaid with no order as to costs. Security amount, if any, be refunded to the petitioner.