The central legal point established in the judgment is that the requirement of obtaining a 'No Objection Certificate' for the renewal of arms licenses, as imposed by the district magistrate, was contrary to the provisions of Section 15 of the Arms Act.

Anil Kumar, J.

1. Facts as submitted by learned counsel for the petitioner are that petitioner/Dr. Kushal Pal Singh who is retired officer of Indian Air Force had initially granted two arms licenses i.e. pistol/revolver bearing License No. N.P. Bore pistol/revolver No. 1283878, License No. SWRK 070223 issued by the District Magistrate, Gonda and Rifle No. 315 Bore bearing License No. 5785 DM/GSP/Punjab issued by District Magistrate, Gurdaspur, Punjab, the same were time and again, renewed by the licensing authority. In the month of January, 2013, he submitted an application for renewal of the said license before the opposite party No. 2/District Magistrate, Kheri where he is residing. But, no heed by the opposite party No. 2 on the ground that the petitioner has to obtain "No Objection Certificate" first from the authorities who had initially granted the said arms licenses only the renewal shall be considered. Accordingly, it is submitted by learned counsel for the petitioner that the said action on the part of the opposite party No. 2 is contrary to the provisions as provided under Section 15 of the Arms Act, 1959, so a direction may be issued to the opposite party No. 2/licensing authority to renew the arms licenses of the petitioner keeping in view the report submitted in this regard by the competent authority/Tehsildar, without insisting upon the condition that No Objection Certificate has to be obtained from the authority concerned who had initially granted the said arms licenses.

2. Learned State Counsel on the basis of the material on record does not dispute the fact that petitioner had been granted arms licenses by the licensing authority as per the provisions as provided under Section 13 of the Arms Act, 1959 and the same can be renewed as per the provisions of Section 15 of the Arms Act.

3. After hearing learned counsel for the parties and going through the records, the position which emerges out is that the petitioner who is retired Officer of Indian Air Force as Director General, Medical Services (AIR), had granted two arms license by the concerned licensing authority as per the provisions as provided under Section 13 of the Arms Act, thereafter, the same has been renewed from time to time. After his retirement from the Indian Air Force, he has settled at Kheri and living peacefully life. As the period of said arms licenses had expired, so he submitted an application for renewal after completing necessary formalities to the opposite party No. 2/District Magistrate, Kheri and in this regard, report has been submitted by the concerned authority/Tehsildar. But, his case for renewal of the arms license has not been considered by the opposite party No. 2 only on the ground that the petitioner has to obtain No Objection Certificate from the authority who had initially granted the said arms licenses.

4. Matter relating to renewal of arms license is provided under Section 15 of the Arms Act, which reads as under

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

A license 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.

Every license 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 license was originally granted and shall be so renewable from time to time, and the provisions of Sections 13 and 14shall apply to the renewal of a license as they apply to the grant thereof."

5. From a combined reading of Sections 15 along wit