THE NEW INDIA ASSURANCE CO. LTD.,NEHRU PALACE, TONK ROAD, JAIPUR THROUGH ITS REGIONAL MANAGER Vs. SMT. SHAKUNTLA KANWAR W/O SHRI BALBIR SINGH AGED 48 YEARS

JUDGEMENT

(1.) By order dated 24th April, 2008; the District Magistrate, Alwar, declined the application of the petitioner instituted on 18th Dec., 2008, for renewal of the arms license of gun (12 bore) No.2651-Y-77. The Appellate Authority also declined the appeal by order dated 30th Sept., 2014; of which the petitioner is aggrieved of, and therefore, has instituted the present writ application praying for the following relief(s):

(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the petitioner, a farmer, resident of District Alwar, was accorded arms license for gun (12 bore) since 1987, for his safety and protection from the wild animals. It is pleaded case of the petitioner that the license was renewed from time to time upto 31st Dec., 2007. The application for renewal submitted on 18th Dec., 2008 to the District Magistrate, Alwar, was declined by a cryptic order, on a cyclostyled format, wherein blanks have been filled up. Further, the reasons detailed out for declining the renewal of arms license is registration of crime No.252 of 2002, for offence under Sec. 447 of the Indian Penal Code (for short IPC), that was pending before the Court of competent jurisdiction and the recommendations made by the Superintendent of Police, Alwar.

(3.) It is further contended by learned counsel for the petitioner that though the order declining, renewal of the arms license was made on 28th April, 2008, but the impugned order was never communicated to the petitioner. The petitioner was under the impression that the application for renewal was pending for at the relevant time, elections were scheduled to be held. The petitioner did not receive any response even after elections were concluded. However, when he approached the concerned Police Station for release of the gun that was deposited, whereupon he was informed on 26th Jan., 2013, that his application for renewal of the arms license was declined on 24th April, 2008. Accordingly, an application was moved to obtain a certified copy of the impugned order dated 24th April, 2008, on 29th Jan., 2013, which was made available to the petitioner on 4th Feb., 2013. The appeal instituted under Sec. 18 of the Indian Arms Act, 1959 (for short the Act of 1959 ), has also been declined by the Appellate Authority.