ORDER

1. By the instant petition filed under Article 226 of the Constitution of India, the petitioner has questioned the validity, propriety and legality of the order dated 8.5.2018 (Annexure P/12) passed by the respondent No.1 whereby the application for grant of arms license has been rejected on the ground as mentioned in section 14(i), Kha (ii) of the Arms Act, 1959.

2. Learned counsel for the petitioner has moved an application i.e. IA No. 11725/2019 for disposal of this petition in the light of the order passed by this Court in WP No. 18497/2018-Kumari Amita Choudhary v. State of Madhya Pradesh decided on 4.10.2018.

3. Learned counsel for the respondents has no objection if this petition is disposed of in the light of the direction given by this Court in identical situation in the case of Kumari Amita Choudhary (supra).

4. This Court while deciding WP No. 18497/2018 relied upon the case of Jitendra Gupta v. State of M.P., 2012 SCC Online MP 4187 . The Court, in the case of Jitendra Gupta (supra), has opined as under:

"5. The point involved in this case is no more res intergra. This Court in Jitendra Gupta v. State of M.P., 2012 SCC OnLine MP 4187 opined as under:

"(2) Section 14 of the Arms Act reads as under:-

14. Refusal of licences:-

(1) Notwithstanding anything in section 13, 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-

(1) 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 pubic 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".

5. The reasons assigned for refusal of licence should be in consonance with section 14 of the said Act. The question is whether the reasons assigned for rejecting the petitioner's application is in consonance with section 14? Certain reasons in the impugned cancellation order are same which were considered by this Court in Writ Petition No. 4101/2011 (Saurabh Gupta v. State of M.P.). One of the reasons was in the said rejection order with regard to Saurabh Gupta was that there is no special mention of a particular threat from an individual or group. The ground with regard to non-availability of agricultural land and small tax payer were same. This Court disapproved the action and quashed the impugned order and remitted the matter back directing the respondents to reconsider it in accordance with the provisions of the Arms Act and in the light of the judgment passed by this Court in 1998 (1) MPLJ 365 (Bansilal Nanda v. State of M.P. ). In Bansilal Nanda, it has been held as under:-

"5. According to section 13 of the Indian Arms Act, an application for grant of the licence shall be made to the licensing authority and shall be in such form and shall contain all such particulars and should be accompanied by such fees as may be prescribed. On receipt of such an application, after making such inquiries as are considered necessary, the licensing authority may grant the licence or refuse to grant the same. True it is that to grant or refu