- (1.) Facts as submitted by learned counsel for the petitioner are that petitioner/Dr. Kushal Pal Singh who is retired officer of Indian Air Force had initially granted two arms licenses i.e. pistol/revolver bearing License No.N.P.Bore pistol/revolver No.1283878, License No.SWRK 070223 issued by the District Magistrate, Gonda and Rifle No.315 Bore bearing License No.5785 DM/GSP/Punjab issued by District Magistrate, Gurdaspur, Punjab, the same were time and again, renewed by the licensing authority. In the month of January, 2013, he submitted an application for renewal of the said license before the opposite party No.2/District Magistrate, Kheri where he is residing. But, no heed by the opposite party No.2 on the ground that the petitioner has to obtain "No Objection Certificate" first from the authorities who had initially granted the said arms licenses only the renewal shall be considered.
(2.) Accordingly, it is submitted by learned counsel for the petitioner that the said action on the part of the opposite party No.2 is contrary to the provisions as provided under Section 15 of the Arms Act, 1959, so a direction may be issued to the opposite party No.2/licensing authority to renew the arms licenses of the petitioner keeping in view the report submitted in this regard by the competent authority/Tehsildar, without insisting upon the condition that No Objection Certificate has to be obtained from the authority concerned who had initially granted the said arms licenses.
(3.) Learned State Counsel on the basis of the material on record does not dispute the fact that petitioner had been granted arms licenses by the licensing authority as per the provisions as provided under Section 13 of the Arms Act, 1959 and the same can be renewed as per the provisions of Section 15 of the Arms Act.;