Md. Tousif Hussain Reza v. The State of Assam and 3 Ors

ORDER

19.08.2024

Heard Mr. F. A. Hussain, learned counsel appearing on behalf of Mr. I Hussain, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Government Advocate representing the State respondents. The petitioner claims to be a social as well as a political activist and a businessman by profession. According to him, due to political activities as well as business rivalries, he has received various threats from time to time, for which, he had to file FIR's. In the aforesaid background, the petitioner applied for an arms license in the office of the Deputy Commissioner, Kamrup (M). According to the petitioner, such application was not considered and accordingly, he again applied for an arms license in the year 2020. When such application failed to evoke response from the respondent/Deputy Commissioner, the petitioner has approached before this Court. Mr. K. Gogoi, learned Government Advocate for the respondent/Deputy Commissioner on instruction has submitted that the request of the petitioner for grant of license was rejected through a speaking order passed on 01.11.2022 by the Deputy Commissioner, Kamrup Metropolitan District, Guwahati. Mr. K. Gogoi, learned Government Advocate has also produced the order of the Deputy Commissioner, Kamrup Metropolitan District, Guwahati dated 01.11.2022, which reflects that the committee constituted in this regard has not recommended for grant of arms license as there is no specific threat to the life of the petitioner. Thereafter, the Deputy Commissioner concluded that there is no justifiable ground for issuing arms license to the petitioner. Page No.# 3/3 In view of the aforesaid, nothing survives in this writ petition to be considered. Accordingly, the present writ petition stands closed. However, liberty is granted to the petitioner to assail the order dated 01.11.2022 passed by the Deputy Commissioner, Kamrup Metropolitan District, Guwahati, before the appropriate forum as permissible under law. It is also made clear that that disposal of this writ petition shall not debar or take away the right of the petitioner to apply for arms license afresh as and when necessity arises, and in the event, such an application is filed, same be considered as per law. With the aforesaid, this writ petition stands closed. Copy of the order dated 01.11.2022 passed by the Deputy Commissioner, Kamrup Metropolitan District, Guwahati is kept on record and marked as document "X". JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010018342021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2072/2021o MD.oTOUSIFoHUSSAINoREZAo S/OoLATEoNOORoHUSSAINo RESIDENToOFoHOUSEoNO.o4oOPP.oOFoASEBoBUILDINGoOFFICE,o HEDAYATPUR,oNEARoGUWAHATIoCLUB,o781003 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoHOMEoANDoPOLITICALoAFFAIRS,oDISPURoGUWAHATIo781006 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAMoPOLICoHEADQUARTERS oULUBARI oGUWAHATIo781008 3:THEoDEPUTYoCOMMISSIONER oKAMRUPoMoPANBAZAR oGUWAHATIo781001 4:THEoCOMMISSIONERoOFoPOLICE oGUWAHATIo oPANBAZAR oGUWAHATIo78100o AdvocateoforotheoPetitionerooooo:oMD.oIoHUSSAIN,o AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY