SANTOSH KUMAR SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 21.02.2012 passed by respondent no.3 in Appeal No.21/2011-2012 as well as order dated 09.11.2011 passed by respondent no.5.

(2.) The petitioner was granted a license for 12 bore Gun on 10.12.2001 for self-protection within Madhya Pradesh. The said license has been renewed from time to time and was valid up to 31.08.2013. The petitioner being unemployed came to Bhopal in the year 2002 for his livelihood. He was employed by M/s Raj Homes Private Limited, Bhopal on the post of Gunman for the security of their residential area at Minal Residency, J.K. Road, Bhopal. M/s Raj Homes Private Limited is a company which was incorporated in the year 1992 and is engaged in the construction of residential houses in Bhopal City. The directors of the M/s Raj Homes Private Limited have further incorporated another company in the name and style of Raj Events and Entertainment Private Limited which is a Media Group and having a newspaper in the name and style of Raj Express Newspaper. The M/s Raj Express Newspaper published various news items against respondents no.6 and 7 exposing the illegal acts done by them before the public and, therefore, respondents no.6 and 7 became revengeful against the Directors of Raj Express Newspaper who are also the Directors of M/s Raj Homes Private Limited. Due to this, respondents no.6 and 7 has demolished the major portion of Minal Mall. The petitioner who happens to be an employee of M/s Raj Homes Private Limited has been made a scapegoat bty respondents no.6 and 7 only with an intention to demoralize and settle the personal score with the Directors of M/s Raj Homes Private Limited. The petitioner was engaged in the security of the Directors of M/s Raj Homes Private Limited he, therefore, became the eyesore for respondents no.6 and 7. Thereafter, a show cause notice was issued to the petitioner on 10.06.2011 The petitioner submitted his reply to the said show cause notice on 13.06.2011. In the said reply, he has given detail with regard to purchase of cartridges and the use thereof. Respondents vide order dated 19.08.2011 cancelled the gun license of the petitioner. Against the order dated 19.08.2011, the petitioner has submitted an appeal before the Commissioner Bhopal, Division Bhopal. Thereafter on 25.08.2011 respondent no.6 made a recommendation to the Collector, Rewa to initiate the proceedings for cancellation of arm license granted to the petitioner. Accordingly, the Collector, Rewa has issued a show cause notice to the petitioner on 19.09.2011 on the ground that the petitioner has not furnished the information in the office about the arm even after lapse of nine years and he has purchased 60 number of cartridges since grant of license and the said cartridges have not been used by him for self-protection rather they have been misused at fire in the occasion of marriage of his niece.

(3.) The petitioner has submitted his reply to the said show cause notice and stating that he has already given information about the registration of arm in the M.P. Nagar Police Station, Bhopal and out of total 60 cartridges purchased by him, 10 cartridges have been used by fire in air to check the performance of the said gun and 10 cartridges have been used in the year 2003 on the occasion of marriage of the niece and 10 cartridges have been used on the occasion of Republic Day. Thus, in total 30 cartridges out of 60 have been used by him. The respondent no.5 thereafter issued an order dated 09.11.2011 thereby cancelling the arm licence of the petitioner on the ground of misused of the arm. Against the order of cancellation of licence, the petitioner has preferred an appeal before the Commissioner, Rewa. The Commissioner vide order dated 21.02.2012 has dismissed the said appeal. Being aggrieved by that order, the petitioner has filed the present petition.