MANOJ Vs. STATE OF M.P. & OTHERS

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by the order dated 08/01/2016 passed by District Magistrate, Khargone rejecting the application for grant of license under the Arms Act, 1959.

(2.) The petitioner's contention is that he has submitted an application for grant of license under the Arms Act, 1959 and his application was processed by the respondents. He has categorically stated that his application was recommended by the Station House Officer within whose jurisdiction the petitioner residing. However, the Superintendent of Police has given a negative report and thereafter District Magistrate has rejected his application by non-speaking order which is on record and Annexure P-2 dated 08/01/2016, thereafter preferred an appeal and the appeal was rejected by order dated 31/09/2016. The appellate authority has passed a detailed order, as the order passed by the appellate authority reveals that the petitioner does not have sufficient property/financial means. He has also observed that the petitioner is a basically resident of Uttar Pradesh settled in Khargone and in those circumstances he has justified the order passed by the District Magistrate.

(3.) A reply has been filed in the matter and the respondent/State has admitted in the return in paragraph 4 that the Station House Officer of the concerned police station did recommend the case of petitioner for grant of license. However, the senior officer has placed a rider upon the recommendations of the Station House Officer stating that the applicant is a permanent resident of Uttar Pradesh and without verifying the character antecedents, his case cannot be considered for grant of fire arm license.