Alok Singh, JUndisputedly, petitioner has moved application seeking arms licence on 30.08.2012 before the District Magistrate Udham Singh Nagar; since learned District Magistrate did not pass any order on the application of the petitioner seeking arms licence, petitioner has approached this Court by way of filing Writ Petition 173 of 2015 (M/S), Mohd. Miraj v. State of Uttarakhand and others; when writ petition was taken up for hearing on 21.01.2015, Mr. S.S. Chauhan, learned Deputy Advocate General, appearing for the State/respondents, made statement before this Court that if application dated 20.08.2012 has not been disposed of as yet, decision thereon shall be taken by the District Magistrate, Udham Singh Nagar in accordance with law preferably within four weeks from today; Writ Petition No. 173 of 2015 was disposed of vide order dated 21.01.2015 in the light of the statement made by Mr. S.S. Chauhan, learned Deputy Advocate General; learned District Magistrate, Udham Singh Nagar, thereafter, passed order dated 07.02.2015 saying all the applications seeking arms licence filed on or before 31.12.2012 are rejected; however, applicants may move fresh applications if they still require arms licence because of their life threat; feeling aggrieved, petitioner has filed present writ petition. I have heard Mr. Pradeep Chamiyal, learned counsel for the petitioner and Mr. S.S. Chauhan, learned Deputy Advocate General for the State.

2. Allahabad High Court in the case of Ganesh Chandra Bhatt Vs. District Magistrate, Almora and others, AIR 1993 All 291 , in paragraph Nos. 63, 64, 69 and 84 has held as under:--

"63. Very often arms licence are refused or cancelled or suspended on arbitrary or untenable grounds. For example, sometimes an arm licence is refused on the ground that there are already some arms licences in the village and hence it would not be expedient to grant any more licences to people of that village. This is wholly arbitrary and illegal, since existence of some licences in the village can hardly be reasonable ground to deny one a licence. In fact, it would amount to creating a monopoly in favour of existing licensees.

64. Similarly, sometimes arms licences are suspended/cancelled on the ground of involvement in a petty crime like Section 323, 324 or 3251. P.C. or proceeding under Section 107/117 or Section 145, Cr. P.C. This again is not a valid ground for impounding/cancelling or refusing to grant an arms licence. It is only where one is accused of a heinous crime or is a hardened criminal that such action can be taken.

69. Section 14(1)(b)(i)(3) states that an application for an arms licence can be refused if the licensing authority has reason to believe that the applicant is unfit for a licence. How the word unfit is vague and hence it calls for judicial interpretation.

84. I am further of the opinion that whenever an application for a licence for a non-prohibited arm is made and it is not disposed off within 3 months, it will be deemed to have been allowed on the expiry of 3 months. It is necessary to make this direction because the experience of this Court is that often directions are given by it to dispose off an application within a specified period yet the application is not disposed off and then either a contempt petition on another writ petition has to be filed, causing further delay, expense and harassment to the applicant. No doubt there is no provision in the Arms Act or Rules stating that if the application is not disposed off within a specified period it will be deemed to be allowed, but this does not mean that the licensing authority can (sic) tight over the matter for long periods."

3. I am in full agreement with the view expressed by the Allahabad High Court in the case Ganesh Chandra Bhatt (Supra).

4. Sections 13, 14, 15 and 17 of the Arms Act, 1959 are being reproduced hereunder:--

"13. Grant of licences. (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same: Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]

(3) The licensing authority shall grant--

(a) a licence under section 3 where the licence is required-

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or

(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognized by the Central Government;

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

14. Refusal of licences.--(1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant-

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II,-

(i) where such licence is required by a person whom the licensing authority has reason to believe-

II) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

15. Duration and renewal of licence. -(1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.

16. ....

17. Variation, suspension and revocation of licences.--(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,-

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.

(4) The licensing authority may also revoke a licence on the application of the holder thereof.

(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority.

(7) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence:

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.

(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act throughout India or any part thereof.

(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation."

5. A combined reading of Sections 13, 14, 15 and 17 of the Act would demonstrate that if a person applies for the arms licence or District Magistrate is of the opinion that Arms licence granted earlier is liable to be suspended, revoked, cancelled or condition of licence should be varied, applicant or holder of the licence, as the case may be, should be given sufficient opportunity of being heard and application seeking arms licence or request to suspend, revoke or to vary the condition of licence should be disposed of by speaking order within a reasonable time, which ordinarily should be three months as held by the Allahabad High Court in the case of - Ganesh Chandra Bhatt (Supra). A person aggrieved by the order refusing to grant licence or refusing to renew licence or order suspending or revoking or varying the terms of the licence may approach the appellate authority under Section 18 of the Act.

6. In view of the above, general order passed by the District Magistrate rejecting all the applications seeking arms licence, moved on or before 31.12.2012, is arbitrary and is outcome of illegal exercise of the jurisdiction vested in the District Magistrate. All the applications pending seeking arms licence cannot be rejected in one stroke without hearing the individual applicants.

7. Therefore, impugned order, annexure Nos. 4 and 5 are hereby quashed. Writ petition is allowed.

8. District Magistrate is directed to decide the application moved by the petitioner seeking arms licence after hearing the petitioner preferably within sixty days from today. CLMA No. 2220 of 2015 also stands disposed of accordingly.