Judgment · High Court

Mr. Chhatrapati Pant, Advocate holding brief of Mr. T.A. Khan, Advocate for petitioner. Mr. K.P. Upadhyay, Additional Chief Standing Counsel for State of Uttarakhand / respondents. 25th February, 2009 Hon(cid:146)ble Sudhanshu Dhulia, J. This writ petition has been filed by the petitioner praying for a direction to District Magistrate, Udham Singh Nagar to dispose of the application, which is pending before him for grant of Arms License.

#2. The petitioner, admittedly, is a resident of Village Sakada, Tehsil Bajpur, District Udham Singh Nagar and he has applied for an Arms License under the Arms Act, 1959 before the respondent no. 2. The arms was required by the petitioner as sense of security. Time and again, it has been observed by this Court that persons are constrained to file writ petition before this Court seeking a direction that the District Magistrate of the concerned district may be directed to dispose of the application, which they have filed for grant of arms license. There is a statutory provision under Section 13 of the Arms Act, 1959, where it has clearly been mentioned that the Licensing Authority, which is the District Magistrate after calling for the report and doing the inquiry, if necessary, in the case, shall dispose of the application and may either grant license or refuse to grant license. However, an order must be passed in this regard by the District Magistrate. This is the statutory requirement and the Licensing Authority, which is the District Magistrate (respondent no. 2) is duty bound to pass an order on such application. Hence, a direction is issued to the respondent no. 2 / District Magistrate, Udham Singh Nagar that in case an application of the petitioner is pending before him, he must dispose of the same in letter and spirit of Section 13 of the Arms Act, 1959 as expeditiously as possible.

#3. With the aforesaid observations, writ petition is disposed of. Rathour (Sudhanshu Dhulia, J.) 25.2.2009