M. Katju, J. - (1.) THIS writ petition has been filed for a mandamus directing the respondents to issue a licence to the petitioner for his D.B.B.L. gun.
(2.) IN this case on 7-12-1993 this court granted three weeks time to the Standing Counsel to file counter affidavit but no counter affidavit has been filed. IN this circumstances I am treating the allegations in the petition to be correct and disposing of the petition finally. The petitioner has alleged that he is a law-abiding citizen and graduate and respectable Thekedar. He belongs to the Scheduled Caste and his family possesses a small pared of land of 8 bighas. No first information report or criminal case has ever been filed against him. In para 2 of the petition It has been alleged that village Mahajana in Tahsil Handia, district Allahabad where the petitioner resides has been the victim of several violent crimes for many years and the said crimes against the persons belonging to the scheduled caste are being committed by the persons belonging to upper- caste. In para 3 it is alleged that it is necessary for law-abiding citizen to keep arms to protect himself and his family. In para 5 it is stated that several upper caste persons are harassing and assaulting members of the scheduled caste and he has referred to certain incidents which have happened in this connection. In para 8 of the petition It is stated that the police has not taken any action in connection with the same. In para 9 of the petition it is alleged that in view of the threat to his family and property he applied on 3-3-90 vide application No. 1865 before the Additional District Magistrate, Allahabad for grant of licence for a rifle. A report was called for by the authorities for disposing of the said application but no action was taken and even the record of the applicant has been removed from the office of the Additional District Magistrate and the District Magistrate, Allahabad. In para 10 of the petition it has been alleged that another application dated 8-3-93 was filed by the petitioner before the District Magistrate, Allahabad again requesting for grant off licence for holding the D.B.B.L gun on which the Additional City Magistrate, 1st Allahabad, by means of communication dated 11-3-93 directed the Tahsildar to give a report regarding any government arrears A true copy of the aforesaid communication dated 11-3-93 is Annexure 5. In para 12 to 14 of the petition the petitioner has referred to several incidents which have taken place in district Allahabad. In para 16 it is alleged that a report was called for from the police station Daraganj Allahabad in which the petitioner submitted a report clearly stating that the petitioner is a peace loving respectable citizen, respectable businessman and Thekedar. The police: recommended the grant of licence to the petitioner. A true copy of the said report dated 17-4-93 is Annexure 6. In para 17 it is alleged that the petitioner had been the victim of criminal assault in the year 1989 about which a first information report has been lodged. In para 18 it is alleged that line petitioner had been the victim of continuous harassment and intimidation and his life is in danger. He prayed for licence but the authorities concerned are sitting over the matter and ate not granting licence to him. Aggrieved, this petition has been filed.
(3.) IT has been held by a Division Bench by this Court in Devendra Pratap Singh v. District Magistrate decided on 20-10-93 that every citizen has a fundamental right to carry a nonprohibited weapon, which right Is part of the right to life guaranteed by Article 21 of the constitution. IT hat also been held in the said decision following the judgment of learned tingle judge in Ganesh Chandra Bhatt v. District Magistrate, Almora, 1993 ACC 204, that if an application for arms licence is not disposed of within three months it would be deemed to be allowed. Since in the present case more than 3 months have elapsed since filing of the application, I hold that the application of the petitioner for arms licence stands allowed, and hence I direct that the district Magistrate, Allahabad shall perform the ministerial act of issuing the formal arms licence to the petitioner within two weeks of production of certified copy of this judgment before him. The writ petition is allowed. No order as to costs. Petition allowed.;