ORDER

Heard both sides.

2. The petitioner is an ex-service man. He had served the Indian Army for 18 years. He is now working as Village Assistant in Kokalacheri Village, Kallikudi Taluk, Madurai. The petitioner sought gun license. His request was rejected by the second respondent. Questioning the same, the petitioner filed an appeal before the first respondent. The appeal was also dismissed on

06.06.2023. Challenging the same, this writ petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. He took me through the materials enclosed in the typed set of papers and also the additional typed set of papers. According to him, he is facing life threat as is evident from the registration of Crime No.58/2020 on the file of the Villoor Police Station, Madurai. He called upon this Court to grant relief as prayed for.

4. The learned Special Government Pleader submitted that the impugned orders are well reasoned and that this writ petition deserves dismissal.

5. I carefully considered the rival contentions and went through the materials on record. Vide order dated 11.07.2023 in W.P.(MD)No.9196 of 2014 (V.Ganesan Vs. The Additional Secretary), I had held as follows:-

“4. Section 13 of the Arms Act, 1959 reads as follows:-

“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 1 [fire-arm] to be used for target practice by a member of a rifle club or rifle association licensed or recognised 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.”

5. The petitioner had relied on the decision of the Allahabad High Court reported in AIR 1993 All 291 (Ganesh Chandra Bhatt Vs. The District Magistrate) wherein it was held that it is one's fundamental right to seek gun license. The petitioner is not justified in placing reliance on the said decision as it was overruled in the judgment reported in 1995 SCC Online All 979 (Rana Pratap Singh Vs. State of Uttarpradesh). In USA, citizens have the fundamental right to bear arms. In India, that is not the case. A discretion to grant gun license is left to the licensing aut