GANESH CHANDRA BHATT Vs. DISTRICT MAGISTRATE ALMORA

JUDGEMENT

(1.) This writ petition has been filed with a prayer for a mandamus directing the respondents to consider the petitioner's application for grant of a license for a Revolver, and to issue him the said license under the Arms Act, 1959. On 17-2-1993, I had granted three weeks' time to the Learned Standing Counsel for filing counter affidavit but as yet no counter affidavit has been filed. Hence I am treating the allegations in the petition to be correct and am disposing of the petition finally.

(2.) I have heard Shri Namwar Singh, Learned counsel for the petitioner, and Learned Standing Counsel.

(3.) The petitioner applied for a license for a Revolver on 27-6-1990 for his personal security as well as security of his property. A true copy of the said application is Annexure-1 to the petition. The petitioner has stated that he is a peace loving citizen with good antecedents, and he has never been involved in any offence. He owns a bus under a valid permit, a factory, and landed property. He claims that he needs the Revolver for the security of his life and property. In para-3 of the petition, it has been stated that the District Magistrate called for a report from the authorities including the Sub-Divisional Officer concerned. The Sub Divisional Officer, after calling for a report from the Tehsildar, gave a report in favour of the petitioner. The District Magistrate also called for a report from the police. A true copy of this report is Annexure-3 to the petition. In this police report it is mentioned that there is nothing to show that the petitioner has any criminal antecedents, yet grant of licence was not recommended, without assigning any reason. In paragraph 5 of the petition it is stated that as yet no order has been passed on the petitioner's application for license for his Revolver. In para 7 of the petition, it is stated that there is nothing on the record to disentitle the petitioner from grant of license for a revolver. Aggrieved against the inaction of the respondents, this writ petition has been filed.