JUDGEMENT
Vijay Bahuguna, J. -
(1.) HEAD counsel for the parties.
The petitioner had applied to the District Magistrate Shahjahanpur for grant of Double Barrel Gun licence. The District Magistrate vide order dated 21.7.93 rejected the application on 27th July, 1993, hence this petition.
The reasons given for rejecting the application of the petitioner is that there was no report of the concerned police station and that there was no any threat or apprehension to the life and property of the petitioner. The petitioner places reliance on the decision of this court rendered in writ petition No. nil of 1993. Ram Bahadur Gangwar v. State of U.P. decided by Hon'ble Mr. Justice Virendra Sharan on 12.10.93. I agree with the view taken in the aforesaid decision that the licence cannot be refused on irrelevant considerations. In the present state of anarchy and violence in the society a citizen has a right to be given an arm licence and the same can be refused by the Licensing Authority only for sufficient reasons, if a citizen has a criminal and anti -social background and the grant of licence would endanger public safety. In the present case only reason given for rejecting the application of the petitioner is that there was no apprehension to his life or property. In the opinion of the Court the said reason is not valid at all for denying the grant of licence to a citizen. As the reason given by the District Magistrate is beyond the scope of Sections 13 and 14 of the Arms Act the impugned order dated 27 -7 -93 is set aside.
(2.) THE District Magistrate, Shahjahanpur is directed to reconsider the application of the petitioner for grant of arm licence in accordance with law and he is further directed to pass appropriate orders within a period of one month from the date a certified copy of this order is served upon him by the petitioner.
With the aforesaid directions the writ petition succeeds and is allowed.;
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