Surya Prashant Jhaa vs The State Of Madhya Pradesh
2023 Latest Caselaw 4253 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                             BEFORE
                 HON'BLE SHRI JUSTICE ROHIT ARYA
                      ON THE 17 th OF MARCH, 2023
                    WRIT PETITION No. 20451 of 2017

BETWEEN:-
SURYA PRASHANT JHAA S/O SHRI RAMESH CHANDRA
JHAA, AGED 27 YEARS, OCCUPATION: BUSINESS R/O
NEW NARSINGH NAGAR, SHAMSHAN ROAD, NEAR
NEHAR KI PULIYA, CHAAR SHAHAR KA NAAKA,
HAJIRA, GWALIOR (MADHYA PRADESH)

                                                                 .....PETITIONER
(BY SHRI HIMANSHU SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY DEPARTMENT OF HOME,
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    COMMISSIONER GWALIOR DIVISION GWALIOR
      (MADHYA PRADESH)

3.    COLLECTOR / DISTRICT MAGISTRATE DISTRICT
      GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER )

      This petition coming on for admission this day, th e court passed the
following:
                                     ORDER

By this petition under Article 226 of the Constitution of India, the petitioner is taking exception to the order dated 20.07.2017 (Annexure P/1) whereby his application for grant of pistol / revolver licence has been rejected.

Learned counsel for the petitioner submits that in the light of the Division

Bench judgment of this Court in Chhotelal Pachori vs. State of M P and others (2019(2) MPLJ 697), the reasons assigned in the impugned order (Annexure P/1) cannot be countenanced. Besides, there is specific recommendation by the concerned Superintendent of Police and District Magistrate in favour of the petitioner for grant of licence to him as appearing at pages 28 and 31 of the compilation.

The submission advanced by learned counsel for the petitioner has substantial force.

In view of aforesaid situation, impugned order dated 20.07.2017 (Annexure P/1) is quashed. The petitioner is free to apply afresh for grant of

arms licence. If petitioner files such application, the competent authority is directed to consider the same in the light of the law laid down by this Court in Chhotelal Pachori's case (supra) after calling for the reports from concerned Superintendent of Police and District Magistrate of the concerned District afresh.

With the aforesaid observation, the writ petition stands disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE yog

YOGESH VERMA 2023.03.20 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 18:33:23 +05'30'