JAGDISH MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the order dated 15-04-2011 (Annexure P/5) whereby the State Government (Home Department) rejected the application of the petitioner for grant of Arm Licence.

(2.) The petitioner applied for grant of a licence of revolver for the purpose of his self defence. An enquiry was made by District Magistrate Sagar and after obtaining report from Police Station Khurai, he submitted a positive report and recommended for grant of revolver licence to the petitioner. It is averred that similar recommendations were made by Superintendent of Police. The recommendations are filed as Annexure P/1. It is further stated that Tehsildar Khurai also made a recommendation in favour of the petitioner. The relevant recommendations were sent to the Home Department (Annexure P/2). The Home Department by order dated 02-11-2010 rejected the prayer for grant of revolver licence which order was assailed by the petitioner in WP.No.235/11. This WP was decided on 25-04-2011 (Annexure P/4) and the respondents were directed to consider the application and decide the claim by passing a speaking order. In turn, the impugned order has been passed.

(3.) Shri Fakhruddin, learned counsel for the petitioner submits that this order contains three reasons for refusal of licence viz (i) the petitioner does not have any agricultural land; (ii) he is not an Income Tax Payer; and (iii) there is no specific threat to his life or property from any individual or group. Leaned counsel by placing reliance on the judgments of this Court submits that reasons assigned in the impugned order are also not in consonance with relevant provision of Arms Act, 1959.