1 Criminal Writ Petition No.783/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.783 OF 2010 Shri Rajkumar Udaysing Chaudhari ... PETITIONER VERSUS The State of Maharashtra & ors. ... RESPONDENTS ..... Shri A.B. Girase, Advocate for petitioner Shri S.B. Pulkundwar, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATED : 15th June, 2011. PER COURT : 1. Heard. On 11th July 2007, the petitioner herein had applied for Arms licence to the Superintendent of Police, Ahmednagar. The Tahsildar, Shrigonda has also caused enquiry in the matter. The local police have recorded their no objection for issuance of the Arms licence to the petitioner herein. 2. The learned Superintendent of Police, Ahmednagar did not concede to the prayer of the petitioner for licence and consequently, the matter was referred to the District Magistrate, Ahmednagar, who had, by his order dated 29th September 2008, refused to issue licence to the petitioner. The 2 Criminal Writ Petition No.783/2010 appeal was preferred, being Appeal No.68/2008, in which the appellate authority (the Divisional Commissioner, Nasik) has confirmed the order of learned District Magistrate, thereby the refusal to entertain licence was stalled. 3. In the order of appellate authority, it is informed, that the agricultural field owned by the petitioner herein is surrounded by forestry and for that purpose, the requisite permission from Forest authority was imperative. There was no such permission. 4. However, the order of learned District Magistrate, Ahmednagar is silent on this aspect. 5. Mr. Girase informs that the procedure contemplate that it is the District Superintendent of Police, who has to forward papers of the petitioner to the authorities to Forest Department for their opinion or recording objection/ no objection and then only the matter is to be processed by the Superintendent of Police. 6. Considering these aspects of the matter, without adverting to merits in the order dated 29th September 2008 of the learned District Magistrate, Ahmednagar and of the appellate authority dated 2nd July 2010, the matter is remitted 3 Criminal Writ Petition No.783/2010 to the District Magistrate, Ahmednagar, who in turn will allow the petitioner herein to process his application and also to comply furnishing requisite certificate from Forest Department. The authorities to independently take decision in terms of Section 14 of the Arms Act, 1959. Criminal Writ Petition partly allowed in above terms. (K.U. CHANDIWAL, J. ) fmp/cwp783.10