NRIPENDRA NARAYAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Articles 226 and 227 of the Constitution of India has been filed for quashing Annexures -4 and 5 to the pplication and directing Respondent No. 3, the District Magistrate, Champaran, to grant a license to the petitioner for a revolver. Annexure -4 is a letter from the Secretary to the Commissioner of Tirhut Division, Respondent No. 2, dated 9th of February, 1971, informing Respondent No. 3 that the Commissioner was not approving grant of a license for a revolver to the petitioner. This letter was written in reply to letter No. 74 dated 9th of January, 1971 of Respondent No. 3. The reasons as stated in this letter for not approving the grant of a license for a revolver to the petitioner are that the petitioner from before has a licence for a gun and a rifle and there are also 20 fire arms in his village. Annexure -5 is the letter dated 17th of February, 1971, of the Fire Arms Officer, Motihari, informing the petitioner that as the Commissioner was not approving grant of a license for a non -prohibited bore of revolver to him, his application was being rejected.

(2.) IT has been contended on behalf of the petitioner that on 4th of December, 1970, Respondent No. 3, did pass an order, granting a license for a revolver to the petitioner and thereafter Respondent Nos. 2 or 3 could revoke the license only in accordance with the provisions of the Indian Arms Act. The order dated 4th of December, 1970, runs as follows :

(3.) SECTION 3 of the Arms Act (No. 54 of 1959) hereinafter referred to as 'the Act' lays dawn that no person shall acquire, have in his possession, or carry any fire arm or ammunition unless he holds in this behalf a license issued in accordance with the provisions of this Act and the rules made thereunder. Section 13(1) of the Act provides that an application for the grant of a licence under Chapter II has to be made to the licensing authority in prescribed form giving necessary particulars and accompanied by such fee, if any, as may be prescribed.