Sudhir Ranjan Barik ….. State of Odisha and others v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26798 of 2023 Sudhir Ranjan Barik ….. State of Odisha and others Vs. ….. Petitioner Mr. R.N. Prusty, Advocate Opposite Parties Mr. N. Pratap, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 30.10.2023 Order No. 3. The matter is taken up through hybrid mode. 2. The Petitioner has preferred this Writ Petition challenging rejection Order dated 19.07.2023, as at Annexure-13, vide which the Collector and District Magistrate, Jagatsinghpur rejected the application of the Petitioner for grant of arms license, after being directed by this Court vide Order dated 10.05.2023 in W.P.(C) No.10498 of 2023 to deal with and dispose of the application of the Petitioner for issuance of arms license. 3. It is pertinent to mention here that prior to filing of the present Writ Petition, the Petitioner earlier approached this Court in W.P.(C) No.10498 of 2023 with a similar prayer. However, the said Writ Petition was disposed of at the stage of admission vide Order 10.05.2023. Paragraphs 3 and 4 of the said Order dated 10.05.2023, being germane to the present lis, are extracted below: “3. Paragraphs 3 and 4 from order dated 1st May, 2023 are reproduced below. ‘3. Communication dated 8th January, 2023 made by the Superintendent of Police to the Collector and District Magistrate is reproduced below. Page 1 of 6 “With reference to the letter and subject cited above, this is to intimate that, the applicant Sudhir Ranjan Barik, S/o: Batakrushna Barik of village: Alasudha, PO: Piteipur, PS/Dist: Jagatsinghpur is a business man and deals in huge cash transaction. There is no threat to his life. On verification of C/A there is nothing adverse against him either criminally or politically. He wants the arms for self protection. His application for arms license is not recommended.” 4. State will be heard on its contention that a businessman dealing in huge cash transactions cannot perceive danger to himself.’ 4. Now, contention of State is petitioner does not have taxable income. It becomes apparent that there was non- application of mind in making impugned communication dated 16th February, 2023. It is set aside and quashed. The authority will issue fresh communication on the application of petitioner for issuance of arms licence. This is to be done within three weeks of communication.” (Emphasis Supplied) 4. The case of the Petitioner is that despite the said observation made by the coordinate Bench in W.P.(C) No.10498 of 2023, the Authority concerned i.e. Deputy Collector, Judicial Collectorate, Jagatsinghpur, without disclosing any cogent reason, passed the impugned Order dated 19.07.2023 rejecting his application for issuance of arms license allegedly based on the report submitted by the Superintendent of Police, Jagatsinghpur vide his letter No.2859 dated 10.07.2023. The Deputy Superintendent of Police, who represents Opposite Party No.3 i.e. Superintendent of Police, Jagatsinghpur, has filed a Counter Affidavit disclosing therein the communication made by the Superintendent of Police, Jagatsinghpur dated 10.07.2023, which is extracted below: “Odisha Police District Intelligence Bureau, Jagatsinghpur No.2859/IB Dt. 10/07/2023 To The Collector & District Magistrate Jagatsinghpur Page 2 of 6 Ref: Sub: Sir, Memo No.323/Res. Dt.13.06.2023. Opinion regarding grant of Arm license in respect of Sudhir Ranjan Barik, S/o Batakrushna Bari of vill- Alasudha, P.S./Dist. Jagatsinghpur. With reference to the above noted letter no and subject this is to intimate that as per enquiry report of IIC Jagatsinghpur the applicant is a native of Alasudha under Jagatsinghpur P.S. and on verification of PS records and CCTNS it is found that there is nothing adverse against the applicant. During enquiry by IIC Jagatsinghpur it is ascertained that neither any allegation of threat to the life of applicant nor he has ever alleged in this respect to police in the past. During enquiry by IIC Jagatsinghpur it is ascertained that the late father of the applicant was giving Ayurvedic treatment for orthopedic problems which is continuing by the applicant and his brother. On verification of the IT return, it is ascertained that the income of the applicant is Rs.449070 per annum. Further, the applicant has never reported having enmity with anybody. As such there is no apprehension of any life threat to the applicant from his profession as well as financial transaction point of view. Under the above circumstances, the application for grant of Arms license of the applicant Sudhir Ranjan Barik is not recommended. Yours faithfully, Sd/- Superintendent of Police Jagatsinghpur.” (Emphasis Supplied) 5. Though in the said communication dated 10.07.2023, there is a mention with regard to the enquiry conducted by the IIC, Jagatsinghpur, based on which such communication was made to the Collector & District Magistrate, Jagatsinghpur, but the said report submitted by the IIC, Jagatsinghpur P.S. has not been disclosed though the Counter Page 3 of 6
Legal Reasoning
Affidavit. However, a query being made, Mr. Pratap, learned ASC hands up the letter No.151/Con dated 04.07.2023 addressed to the Superintendent of Police, based on which the Communication dated 10.07.2023 was made by the Superintendent of Police, Jagatsinghpur to the Collector and District Magistrate, Jagatsinghpur. The said report of the IIC, Jagatsinghpur P.S. is extracted below. “ODISHA POLICE Office of the Inspector-In-Charge Jagatsinghpur Police Station Jagatsinghpur No.151/Con To, Dated 04.07.2023 The Superintendent of Police, Jagatsinghpur. Ref:- Letter No.2609/IB Dt 21.06.23 Sub:- Enquiry report on C/A and other aspects of Gun license applicant Sri Sudhir Ranjan Bari S/O Batakrushna Barik of Vill Alasudha, P.O. Piteipur, P.S./Dist. Jagatsinghpur. Sir, With reference to the letter & subject cited above the enquiry report in respect of applicant Sri Sudhir Ranjan Barik are as follows. 1. C/A. The applicant is a native of Vill Alasudha, on verification of available P.S. records, there is nothing adverse against the applicant. 2. Assessment of threat. Regarding threat to the life of the applicant, at present no information is received nor any allegation made by him at P.S. 3. Capability of the applicant to handle Arm: - He has attached an arms training certificate in his favour in the application Form and claims that he is able to handle firearm. 4. Any other information which will be the relevant in considering grant/refusal of issuing Arms license:- During enquiry it is ascertained that the applicant along with his brothers are running a business of Ayurbedic Page 4 of 6 treatment for orthopedic problems which was started by his late father. Many patients and their attendants gather at his house cum treatment centre everyday and the applicant is apprehending danger from any unknown person in future because of his popularity and success. His later father used to possess a license firearm which has been surrendered after his death along with the license and the applicant is interested to possess a firearm to feel safe and protect his family in the house of need. This is for favour of your kind information and necessary action. Yours faithfully, Sd/- IIC Jagatsinghpur P.S.” (Emphasis Supplied) 6. From the above, it is clear that late father of the Petitioner, on whose favour the arms license was issued, was running a business of Aurbedic treatment for orthopedic problems .After his death, the present Petitioner and his brother have inherited the said business and running it. This Court is of the view that income of an applicant cannot be and should not be a decisive factor for refusal of issuance arms license in favour of an applicant. In the report dated 04.07.2023 submitted by the IIC, Jagatsinghpur P.S., as quoted above, the reason for issuance of arms license has been clearly indicated by the IIC, Jagatsinghpur P.S. Despite the observation made by the coordinate Bench, as detailed above, the Opposite Party No.2 i.e. Collector & District Magistrate, Jagatsinghpur, solely relying on the communication made by the Opposite Party No.3 (Superintendent of Police, Jagatsinghpur), passed the impugned Order without assigning any reason thereof. Admittedly, the communication made by the Superintendent of Police, Jagatsinghpur, is not the real Page 5 of 6 reproduction of the report submitted by the IIC, Jagatsinghpur P.S. The Petitioner, with similar footings, as of his father, the IIC, Jagatsinghpur P.S. gave a favourable report, as has been extracted above. Hence, this Court is inclined to set aside the impugned Order dated 19.07.2023. Accordingly, the Order dated 19.07.2023, as at Annexure-13, is hereby set aside. 7. The Opposite Party No.3 is directed to deal with and dispose of the application of the Petitioner as at Annexure-8 for issuance of arms license, within a period of four weeks from the date of production of certified copy of this Order and pass a reasoned Order. While disposing of the Application, the Opposite Party No.3 shall keep in mind the report submitted by the IIC, Jagatsinghpur P.S. so also admitted facts that on similar circumstances a license for firearm was issued in favour of late father of the Petitioner.
Decision
8. With the above observation, the Writ Petition stands disposed of. padma (S.K. MISHRA) JUDGE Signature Not Verified Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 01-Nov-2023 12:33:25 Page 6 of 6