Havildar Bijay Prakash Sharma (Retd) v. Hon'Ble Lt Governor & ANR

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 295/2016 HAVILDAR BIJAY PRAKASH SHARMA (RETD)..... Appellant Through:

Mr.Arvind Singh with Mr.V.K.

Raghav, Advs.

versus HON'BLE LT GOVERNOR & ANR ..... Respondent Through:

Ms.Isha Khanna, Adv.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 11.05.2016 CM No.17738/2016 (exemption) Allowed, subject to all just exceptions.

CM No.17739/2016 (delay) In the facts and circumstances explained in the application, delay of five days in filing the appeal is condoned.

LPA No.295/2016 1.

The unsuccessful petitioner is the appellant before us. 2.

The appellant/writ petitioner's application for grant of Arms Licence was dismissed by the Joint Commissioner of Police/Licensing Authority by order dated 13.05.2015 on the ground that the petitioner did not have any specific threat.

The appeal preferred by the appellant/writ petitioner was dismissed by the Lieutenant Governor by order dated 16.12.2015. Aggrieved by the same, the appellant/writ petitioner LPA 295/2016

filed W.P.(C) No.2569/2016 which was also dismissed by the learned Single Judge by the order under appeal dated 22.03.2016. Hence, the present appeal.

3.

Having heard the learned counsel for the appellant, we do not find any justifiable reason to interfere with the order under appeal. As rightly held by the learned Single Judge, when both the Licensing Authority and the Appellate Authority have concurrently found that the appellant/writ petitioner does not have any specific threat to his life, such a finding of fact warrants no interference in writ jurisdiction. 4.

It may be true that the appellant/writ petitioner has been pursuing his campaign against corruption and is a whistle blower, however, in the absence of any material to show that there is a specific threat, the respondents cannot be said to have committed any error in declining to grant the Arms Licence.

5.

The appeal is accordingly dismissed.

CHIEF JUSTICE JAYANT NATH, J MAY 11, 2016/pmc LPA 295/2016