MY REVISION PETITION - REVISED AS SUGGESTED!
Posted: Fri Nov 26, 2021 7:27 pm
Hello Friends,
The commends posted by “timmy”, “pran80”,, “Ambi”, “pgupta”, and “vikram” have been noted with thanks while the suggestions of “Woods”, “StampMaster” and ”Pran” deserve a special mention. I am thankful particularly to “Pran” for sharing a copy of a revision petition based on which I have completely rewritten my petition, withholding altogether the one posted earlier that drew your criticism, which I have taken positively.
I am not an adamant person, nor do I maintain that I am completely in the right always; for, if that had been the case, then the very purpose of posting my petition here for comments and suggestions would have been defeated. I know that a Pope and a Peasant are better than a Pope!
Learning is a continuous process. I have learned from Woods the difference between a Review Petition and a Revision Petition. Thanks, Woods!
Accompanied by my wife, I visited the Commissioner’s office yesterday (17th Nov) and presented the file to a lady officer, who was extremely cordial. She spent almost half an hour with us and discussed the various related issues. As she promised us help and support deservedly she had also suggested that I attended a rifle club (of which I am already a member) for three months minimum.
I am not hesitant to engage a lawyer. In fact, a fee has already been fixed with one, a Senior Lawyer, who has considerable experience in constitutional affairs.
Here is the file finally submitted. Hope it receives the node of all my friends above friends at least in principle:
Once again, hats off to all of you bros! Regards, Karan
..........................
BEFORE THE LAND REVENUE COMMISSIONER
XXXXXXXXXXXXX Building
XXXXXXXXXXXXX
XXXXX
APPEAL UNDER SECTION 18 OF THE ARMS ACT 1959
Between:
XXXXXXXXXXXXXXXX……………….. (Appellant)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
And
The District Magistrate ………………… (Respondent)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
SUBMISSIONS:
I, xxxxxxxxxxxxxxxxx, the above-named appellant, humbly submit as under:
(1) That, due to the situations I am placed and, as narrated under Grounds and Factual Situations below, I was compelled to apply for an arms licence under Schedule – III, Part II, in Form A-1 for individuals on 3rd November 2020 as per copy attached as Exhibit-I for the kind perusal of this Hon’ble Court:
(2) The Respondent in his letter Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxto me, attached as Exhibit-2, has stated that he had sought reports from (a) the District Police Chief of xxxxxxxxxxxxxx, (b) the Divisional Forest Officer, xxxxxxxxxxxxxxand (c) from the Revenue Division Officer,xxxxxxxxxxxxx.
(3) The Respondent has in the said letter further stated that the Divisional Forest Officer, xxxxxxxxxxxxx, and the Revenue Division Officer, xxxxxxxxxxxxxxxx, had both consented to issuing a licence while the District Police Chief of xxxxxxxxxxxxxx had said that there was no situation that required the release of a licence.
(4) The Respondent has concluded that I could not justify my requirement in the personal hearing and thus decided that I was unqualified for a licence and passed the order, rejecting my application for a licence.
(5) At the outset, I am pained to submit before the Hon’ble Appellate that I was not afforded a proper hearing to present my case which lasted for less than two minutes during which the Respondent had made obvious remarks and attempts to subvert my rights (by asking such questions as “Whom do you want to shoot”? etc.,) and hastened to conclude my case.
GROUNDS AND FACTUAL SITUATIONS
Submitted below for the kind consideration of this Appellate Court are the grounds and factual situations that prompted me to apply for a licence:
(6) There was a cold-blooded murder attempt on my person. A copy of the Police Complaint and the Receipt issued by the Police Station are attached as Exhibit-3.
(7) There was a murder in my neighbourhood. xxxxxxxxxxxxxxxxxxxxx, was murdered in an attempt of rape. A Newspaper Clipping is enclosed as Exhibit-4.
(8) We are a childless, aged and defenceless couple staying alone, and criminals are known to target aged couples staying alone because they are highly vulnerable.
(9) I am a Member of the xxxxxxxxxxxxxxxxxx Rifle Association and I need to practice shooting. My Enrolment Form endorsed by my Police Station is attached as Exhibit-5.
(10) More than 150 migrant workers had worked on the construction of our house from West Bengal, Bihar, Assam and elsewhere and we are afraid that a few of them may turn up in gangs to attack us in a bid to loot.
(11) The luxury villa, built at a cost in excess of 10 million rupees and on which we pay tax in advance, is surrounded by roads on three sides, which further exposes us to risks.
(12) An audio clipping is enclosed as Exhibit-6 in which a carpenter confesses to being offered money for causing damage to my property. I own two premium vehicles.
(13) I am aged 61 and have been suffering from Diabetes for over 29 years and cannot resist unlawful aggression unless I am armed.
(14) Having wound up my Company,xxxxxxxxxxxxxxxxxxxxx Ltd., (Exhibit-7) due to the global pandemic and due also to my advancing age, we are keenly interested touring India. Places of interest are the Ramoji Filim City), the Taj Mahal, the Golden Temple, Nainital, Ajenta/Ellora Caves, various Forts in Rajasthan etc., among other places. Many cases of rape have been reported from almost all North Indian places. Hence we need a safety device for our security in the event of an unlawful aggression.
FURTHER SUBMISSIONS:
(15) The impugned order is in violation of Sections (13) and (14) of the Arms Act 1959 which alone regulate the granting or refusal of arms licences.
(16) It is further submitted that the impugned order is in violation of Article 21 of the Constitution of India which says that “No person shall be deprived of his life or personal liberty except according to the procedures established by the law” as well as the principles of Natural Justice.
(17) The Magisterial Order has not found any reason why I am “unfit” for a Licence under the Arms Act 1959. A mere statement that I “am unfit for a licence without substantiating it in the light of the relevant law” is designed to vitiate my legal position and thereby disqualify me from issuing a licence.
(18) The kind attention of the Appellate is drawn to the fact that no Police have ever acted pre-emptively to avert a crime in any neighbourhood; it is the neighbour who intervenes and averts untoward situations by timely interventions. Thus, a gun in the “right hand” can save lives and prevent crimes in every neighbourhood where a licensed gun is available.
(19) I submit that I am not prohibited by the Arms Act 1959 or by any other Law for the time being in force.
(20) I further testify that I am not a person of ‘Unsound Mind’. My application included a Medical Certificate issued by a Psychiatrist certifying me to be of Sound Mind.
(21) I humbly believe that I am one of the most deserving candidates and that the Arms Act 1959 was enacted by the Parliament with a view to keeping the safety and security of people like us.
(22) THE RESPONDENT’S LETTER HAS SPOTTED NOTHING AGAINST ME IN THE POLICE REPORT.
(23) The National Crime Reports Bureau reports that crimes in India have shot up by 28% (Exhibit-8).
(24) The Respondent has failed to take cognizance of the various court orders pronouncing that, unless prohibited by the Arms Act 1959, every law-abiding citizen has the right to acquire an Arms Licence under the Non-Prohibited Category which I had applied for.
(25) Instead of being detrimental to my legal rights, the Respondent, acting through the various agencies under him, such as the Police Department, could have done a minimum Risk/Vulnerability Analysis to aid him in his decision-making process in order that he may take the right decision in the light of the governing laws which unfortunately has not been done.
(26) The scope and objective of the enquiry conducted by the District Magistrate through the Police should have been, under the provisions of the law, to enquire and satisfy that the person applying for an arms licence has no criminal background or shown the propensity to commit crimes in order to ensure that no weapon reaches the wrong hands, the failure of which alone could possibly vitiate the law and order situation in the area where the licence is issued. And given the fact that no such findings have been reported by any of the investigating agencies, the Respondent could have taken a favourable decision in view of the grounds and factual situations explained above; but unfortunately an impugned order has been passed to the agony of a defenceless aged couple staying alone.
(27) I submit that I have not filed any other appeal, writ or review petition with regard to this case seeking any relief and that my appeal lies solely with the this Appellate Court.
(28) I submit that I have paid the requisite appeal fee of rupees 1000/- (one thousand only) into the relevant account with the Treasury of which a receipt is attached as Exhibit-9.
(29) I submit that I have paid an amount of rupees 100/-(one hundred only) as contribution to the Legal Benefit Fund.
(30) The Hon’ble Appellate may kindly observe from the above factual situations that the reasons cited by the Respondent are false, fabricated and do not conform to the provisions of the Arms Act 1959. They are designed to vitiate the legal rights of a law-abiding citizen in order not to grant me a licence.
(31) It is humbly submitted that security has become a matter of serious concern for us under the circumstances presented above and there is an urgent need to protect our lives and properties.
PRAYERS
(a) In all humility, it is prayed that the impugned order Ref: xxxxxxxxxxxxxxxxx kindly be set aside with an order to grant a licence for a pistol/revolver in the non-prohibited category.
(b) It is humbly prayed further that a CONDITIONAL ONE YEAR ALL INDIA VALIDITY may kindly be granted in view of the family travel contemplated as at (14) above.
(c) Grant of any other relief that this Court may deem appropriate as per the facts of the case.
VERIFICATION:
I, xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx, the appellant, do hereby state that the statements made herein above are true and correct to the best of my knowledge and belief.
(xxxxxxxxxxxxxxxxxxxxx)
Appellant
xxxxxxxxxxxxx
Date: xxxxxxxxxxxx
EXHIBITS:
Exhibit 1 Application in Form A-1 Schedule – III, Part II for individuals
Exhibit 2 Letter Ref xxxxxxxxxxxxxrejecting my application for licence
Exhibit 3 Attempt of Murder on my person – Police Complaint and Receipt
Exhibit 4 Murder of xxxxxxxxxxxx in our neighbourhood – Newspaper Clipping
Exhibit 5 Xxxxxxxxxxxxxxx Rifle Association Registration endorsed by the Police
Exhibit 6 Audio tape confessing promise of money to damage property
Exhibit 7 xxxxxxxxxxxxxxxxxP. Ltd – CIN Cancelled
Exhibit 8 NCRB Crime Statistics showing 28% spike in crimes
Exhibit 9 Appeal Fee & Contribution to Legal Benefit Fund
Exhibit 10 Our house surrounded by roads on three sides
The commends posted by “timmy”, “pran80”,, “Ambi”, “pgupta”, and “vikram” have been noted with thanks while the suggestions of “Woods”, “StampMaster” and ”Pran” deserve a special mention. I am thankful particularly to “Pran” for sharing a copy of a revision petition based on which I have completely rewritten my petition, withholding altogether the one posted earlier that drew your criticism, which I have taken positively.
I am not an adamant person, nor do I maintain that I am completely in the right always; for, if that had been the case, then the very purpose of posting my petition here for comments and suggestions would have been defeated. I know that a Pope and a Peasant are better than a Pope!
Learning is a continuous process. I have learned from Woods the difference between a Review Petition and a Revision Petition. Thanks, Woods!
Accompanied by my wife, I visited the Commissioner’s office yesterday (17th Nov) and presented the file to a lady officer, who was extremely cordial. She spent almost half an hour with us and discussed the various related issues. As she promised us help and support deservedly she had also suggested that I attended a rifle club (of which I am already a member) for three months minimum.
I am not hesitant to engage a lawyer. In fact, a fee has already been fixed with one, a Senior Lawyer, who has considerable experience in constitutional affairs.
Here is the file finally submitted. Hope it receives the node of all my friends above friends at least in principle:
Once again, hats off to all of you bros! Regards, Karan
..........................
BEFORE THE LAND REVENUE COMMISSIONER
XXXXXXXXXXXXX Building
XXXXXXXXXXXXX
XXXXX
APPEAL UNDER SECTION 18 OF THE ARMS ACT 1959
Between:
XXXXXXXXXXXXXXXX……………….. (Appellant)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
And
The District Magistrate ………………… (Respondent)
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
SUBMISSIONS:
I, xxxxxxxxxxxxxxxxx, the above-named appellant, humbly submit as under:
(1) That, due to the situations I am placed and, as narrated under Grounds and Factual Situations below, I was compelled to apply for an arms licence under Schedule – III, Part II, in Form A-1 for individuals on 3rd November 2020 as per copy attached as Exhibit-I for the kind perusal of this Hon’ble Court:
(2) The Respondent in his letter Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxto me, attached as Exhibit-2, has stated that he had sought reports from (a) the District Police Chief of xxxxxxxxxxxxxx, (b) the Divisional Forest Officer, xxxxxxxxxxxxxxand (c) from the Revenue Division Officer,xxxxxxxxxxxxx.
(3) The Respondent has in the said letter further stated that the Divisional Forest Officer, xxxxxxxxxxxxx, and the Revenue Division Officer, xxxxxxxxxxxxxxxx, had both consented to issuing a licence while the District Police Chief of xxxxxxxxxxxxxx had said that there was no situation that required the release of a licence.
(4) The Respondent has concluded that I could not justify my requirement in the personal hearing and thus decided that I was unqualified for a licence and passed the order, rejecting my application for a licence.
(5) At the outset, I am pained to submit before the Hon’ble Appellate that I was not afforded a proper hearing to present my case which lasted for less than two minutes during which the Respondent had made obvious remarks and attempts to subvert my rights (by asking such questions as “Whom do you want to shoot”? etc.,) and hastened to conclude my case.
GROUNDS AND FACTUAL SITUATIONS
Submitted below for the kind consideration of this Appellate Court are the grounds and factual situations that prompted me to apply for a licence:
(6) There was a cold-blooded murder attempt on my person. A copy of the Police Complaint and the Receipt issued by the Police Station are attached as Exhibit-3.
(7) There was a murder in my neighbourhood. xxxxxxxxxxxxxxxxxxxxx, was murdered in an attempt of rape. A Newspaper Clipping is enclosed as Exhibit-4.
(8) We are a childless, aged and defenceless couple staying alone, and criminals are known to target aged couples staying alone because they are highly vulnerable.
(9) I am a Member of the xxxxxxxxxxxxxxxxxx Rifle Association and I need to practice shooting. My Enrolment Form endorsed by my Police Station is attached as Exhibit-5.
(10) More than 150 migrant workers had worked on the construction of our house from West Bengal, Bihar, Assam and elsewhere and we are afraid that a few of them may turn up in gangs to attack us in a bid to loot.
(11) The luxury villa, built at a cost in excess of 10 million rupees and on which we pay tax in advance, is surrounded by roads on three sides, which further exposes us to risks.
(12) An audio clipping is enclosed as Exhibit-6 in which a carpenter confesses to being offered money for causing damage to my property. I own two premium vehicles.
(13) I am aged 61 and have been suffering from Diabetes for over 29 years and cannot resist unlawful aggression unless I am armed.
(14) Having wound up my Company,xxxxxxxxxxxxxxxxxxxxx Ltd., (Exhibit-7) due to the global pandemic and due also to my advancing age, we are keenly interested touring India. Places of interest are the Ramoji Filim City), the Taj Mahal, the Golden Temple, Nainital, Ajenta/Ellora Caves, various Forts in Rajasthan etc., among other places. Many cases of rape have been reported from almost all North Indian places. Hence we need a safety device for our security in the event of an unlawful aggression.
FURTHER SUBMISSIONS:
(15) The impugned order is in violation of Sections (13) and (14) of the Arms Act 1959 which alone regulate the granting or refusal of arms licences.
(16) It is further submitted that the impugned order is in violation of Article 21 of the Constitution of India which says that “No person shall be deprived of his life or personal liberty except according to the procedures established by the law” as well as the principles of Natural Justice.
(17) The Magisterial Order has not found any reason why I am “unfit” for a Licence under the Arms Act 1959. A mere statement that I “am unfit for a licence without substantiating it in the light of the relevant law” is designed to vitiate my legal position and thereby disqualify me from issuing a licence.
(18) The kind attention of the Appellate is drawn to the fact that no Police have ever acted pre-emptively to avert a crime in any neighbourhood; it is the neighbour who intervenes and averts untoward situations by timely interventions. Thus, a gun in the “right hand” can save lives and prevent crimes in every neighbourhood where a licensed gun is available.
(19) I submit that I am not prohibited by the Arms Act 1959 or by any other Law for the time being in force.
(20) I further testify that I am not a person of ‘Unsound Mind’. My application included a Medical Certificate issued by a Psychiatrist certifying me to be of Sound Mind.
(21) I humbly believe that I am one of the most deserving candidates and that the Arms Act 1959 was enacted by the Parliament with a view to keeping the safety and security of people like us.
(22) THE RESPONDENT’S LETTER HAS SPOTTED NOTHING AGAINST ME IN THE POLICE REPORT.
(23) The National Crime Reports Bureau reports that crimes in India have shot up by 28% (Exhibit-8).
(24) The Respondent has failed to take cognizance of the various court orders pronouncing that, unless prohibited by the Arms Act 1959, every law-abiding citizen has the right to acquire an Arms Licence under the Non-Prohibited Category which I had applied for.
(25) Instead of being detrimental to my legal rights, the Respondent, acting through the various agencies under him, such as the Police Department, could have done a minimum Risk/Vulnerability Analysis to aid him in his decision-making process in order that he may take the right decision in the light of the governing laws which unfortunately has not been done.
(26) The scope and objective of the enquiry conducted by the District Magistrate through the Police should have been, under the provisions of the law, to enquire and satisfy that the person applying for an arms licence has no criminal background or shown the propensity to commit crimes in order to ensure that no weapon reaches the wrong hands, the failure of which alone could possibly vitiate the law and order situation in the area where the licence is issued. And given the fact that no such findings have been reported by any of the investigating agencies, the Respondent could have taken a favourable decision in view of the grounds and factual situations explained above; but unfortunately an impugned order has been passed to the agony of a defenceless aged couple staying alone.
(27) I submit that I have not filed any other appeal, writ or review petition with regard to this case seeking any relief and that my appeal lies solely with the this Appellate Court.
(28) I submit that I have paid the requisite appeal fee of rupees 1000/- (one thousand only) into the relevant account with the Treasury of which a receipt is attached as Exhibit-9.
(29) I submit that I have paid an amount of rupees 100/-(one hundred only) as contribution to the Legal Benefit Fund.
(30) The Hon’ble Appellate may kindly observe from the above factual situations that the reasons cited by the Respondent are false, fabricated and do not conform to the provisions of the Arms Act 1959. They are designed to vitiate the legal rights of a law-abiding citizen in order not to grant me a licence.
(31) It is humbly submitted that security has become a matter of serious concern for us under the circumstances presented above and there is an urgent need to protect our lives and properties.
PRAYERS
(a) In all humility, it is prayed that the impugned order Ref: xxxxxxxxxxxxxxxxx kindly be set aside with an order to grant a licence for a pistol/revolver in the non-prohibited category.
(b) It is humbly prayed further that a CONDITIONAL ONE YEAR ALL INDIA VALIDITY may kindly be granted in view of the family travel contemplated as at (14) above.
(c) Grant of any other relief that this Court may deem appropriate as per the facts of the case.
VERIFICATION:
I, xxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx, the appellant, do hereby state that the statements made herein above are true and correct to the best of my knowledge and belief.
(xxxxxxxxxxxxxxxxxxxxx)
Appellant
xxxxxxxxxxxxx
Date: xxxxxxxxxxxx
EXHIBITS:
Exhibit 1 Application in Form A-1 Schedule – III, Part II for individuals
Exhibit 2 Letter Ref xxxxxxxxxxxxxrejecting my application for licence
Exhibit 3 Attempt of Murder on my person – Police Complaint and Receipt
Exhibit 4 Murder of xxxxxxxxxxxx in our neighbourhood – Newspaper Clipping
Exhibit 5 Xxxxxxxxxxxxxxx Rifle Association Registration endorsed by the Police
Exhibit 6 Audio tape confessing promise of money to damage property
Exhibit 7 xxxxxxxxxxxxxxxxxP. Ltd – CIN Cancelled
Exhibit 8 NCRB Crime Statistics showing 28% spike in crimes
Exhibit 9 Appeal Fee & Contribution to Legal Benefit Fund
Exhibit 10 Our house surrounded by roads on three sides