AMIT AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in the present appeal is to an order passed by the learned Single Bench on 17.5.2017 whereby Writ Petition No.6515/2017 directed against an order dated 8.9.2016 passed by the State Government rejecting the application of the appellant for grant of a pistol licence, remained unsuccessful.

(2.) The application for grant of pistol licence was rejected by the State Government inter alia for the reason that the appellant has no threat perception from a person or group of persons and that grant of licence to the appellant does not fall within the policy of the State Government. Learned Single Bench relied upon an order passed by the Division Bench in Writ Appeal No.1076/2013 (Umesh Yadav Vs. State of M.P.) decided on 6.2.2014, wherein it has been held as under:-

(3.) Learned counsel for the appellant contends that the learned Single Bench of Patna High Court in its judgment dated 11.8.2015 (Manish Kumar and others Vs. The State of Bihar and others, (CWJC No.18535 of 2011), held that the reasoning given by the Licensing Authority that in absence of threat perception, licence cannot be granted is not tenable as none of the provisions of the statute discloses that imminent danger or actual threat perception is a ground for refusal of licence. Therefore, it is not a justifiable reason declaring the applicant unfit for grant of licence.