Devendra Kumar Arora, J. - (1.) NOTICE on behalf of opposite parties has been accepted by learned Chief Standing Counsel. By means of present writ petition, the petitioner is challenging the order dated 7.6.2012 passed by the Commissioner, Lucknow Division, Lucknow in Appeal No. 818 of 2012 as well as order dated 7.5.2012, passed by the District Magistrate, Unnao by which petitioner has been refused license for second fire -arm.
(2.) FACTS of the case, in nutshell, are that the petitioner applied for Arms License to the Licensing Authority/District Magistrate, Unnao for NP Bore Rifle on 30.10.2007. The petitioner is already having an Arms License for a pistol and the same has never been misused by him. However, the said application for arms license was rejected vide order dated 7.5.2012 on the ground that petitioner is already having a license for pistol and, therefore, his application is unjustified. Being aggrieved with the order dated 7.5.2012, the petitioner preferred an appeal under section 18 of the Arms Act before the Commissioner, Lucknow Division, Lucknow (opposite party no. 1) on 29.5.2012 which was dismissed vide order dated 7.6.2012 on the ground that as the petitioner failed to furnish good and specific reasons for issuance of Arms License, whereas he is already having a license for pistol, the order passed by the District Magistrate suffers from no legal infirmity. Being aggrieved, petitioner has approached this Court. Submission of learned counsel for the petitioner is that there are plethora of judgments by various High Courts as well as the apex Court expressing the view that a person cannot be denied a fire -arm license merely on the ground that he is already having one firearm license. Further submission is that as per provisions of sub -section (3) of Section 2 of the Arms Act a person can acquire or possess three firearm licenses at any time. In this background, submission of learned counsel for the petitioner is that both the orders are cryptic, erroneous and unsustainable in the eyes of law.
(3.) I have heard learned counsel for parties and perused the record.;