ARUN KUMAR BARNWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of the order dared 20th May, 2000 passed by the District Magistrate, West Champaran, Bettiah, contained in Annexure 13, whereby and where under the application filled by him (petitioner) for grant of licence for N.P. Bore revolver has been disallowed. The only reason for disallowing the licence for the said firearms is that the petitioner already possesses two fires -arms since before, which, according to the District Magistrate, is sufficient for self -protection.

(2.) IN short, the relevant facts are that the petitioner claims to be a farmer owning large farms and orchards falling in the district of West Champaran. With the growth of criminalisation of the district, the petitioner started having troubles in shape of increasing intensity of threats from the dacoits in general and from the notorious Bhagad Yadav gang in particular, on account of which the petitioner shifted his residence from village to Bettiah town and also sought police protection while visiting his fields and orchards which was provided to him. It is stated that the petitioner, thus, got licence for rifle and gun to meet the exigencies. In the year 1996, the petitioner was denied of police protection by the officer -incharge for which he had approached the Superintendent of Police, Bettiah and thereafter the Deputy Inspector -General, Champaran Range, who directed the officer -in -charge concerned to give him protection. However, in the meanwhile, the petitioner 'slichi crop was looted by the criminals. It is thus submitted that the petitioner is under threat from the criminals and applied for licence of the revolver also which has been recommended vide Annexures 3 to 5.

(3.) LEARNED Counsel for the State has failed to justify the aforementioned reasons assigned by the Collector for refusing licence to the petitioner. He however submitted that the provision contained in Sec. 14 (b) (i) (3) of the Act gives very wide power to the Collector to refuse licence for any reason en account of which he finds the appellant to be unfit for grant of licence.