Devi Prasad Singh, J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel and perused the record.
(2.) WITH the consent of the parties' counsel, the writ petition is finally disposed of at admission stage. The petitioner Arvind Kumar Rai has applied for grant of fire arm licence to the District Magistrate, Ghazipur. The application has been rejected, hence the present writ petition. In brief, the petitioner has applied for grant of fire arm licence (revolver) alongwith a certificate given by the Pradhan of his village with regard to grant of licence. The application was kept pending by the respondents without taking a decision. Hence, the petitioner had approached this Court under Article 226 of the Constitution of India by preferring Writ Petition No. 2001 of 2006 which was decided finally vide judgment and order dated 11.5.2006. A mandamus was issued to the District Magistrate, Ghazipur to decide the petitioner's application for grant of fire arm licence within one week.
(3.) IN pursuance to the judgment of this Court, the District Magistrate, Ghazipur had considered the petitioner's application and rejected the application by impugned order dated 29.4.2006. A perusal of the impugned order indicates that a report was submitted by the Superintendent of Police and revenue authorities indicating therein the criminal cases which were pending against the petitioner's uncles and father. The report indicates that the family members of the petitioner were involved in serious offences. It appears that the District Magistrate without recording a finding at his end made an endorsement on the said report on 29.4.2006 with the word, "Aswikrit" (refused). The submission of the petitioner's counsel is two-fold; firstly pendency of criminal cases against the petitioner's father or other family members should not be considered as a hurdle in grant of arm licence. The petitioner's case should be considered on merit keeping in view the necessity of arm licence in pursuance to power conferred by Sections 13 and 14 of the Arms Act, 1959, in short Act.;