Bombay High Court
Trilochansingh Gurudayalsingh Digwa vs The District Magistrate (Collector) ... on 30 January, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:1212
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 485 OF 2023
Trilochansingh Gurudayalsingh Digwa,
Aged 43 years, Occ. Business,
R/o. Gandhiward Ballarpur,
Tah. Ballarpur, Dist. Chandrapur. . . . PETITIONER
// V E R S U S //
1. The District Magistrate (Collector),
Chandrapur, Tah. & Dist. Chandrapur.
2. Divisional Commissioner,
Nagpur Division, Nagpur.
3. The Superintendent of Police,
S. P. Office, Chandrapur,
Dist. Chandrapur. . . . RESPONDENTS
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Shri Anil A. Dhawas, Advocate for petitioner.
Shri S. A. Ashirgade, APP for respondents/State.
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CORAM :- M. W. CHANDWANI, J.
DATED :- 30.01.2024
ORAL JUDGMENT (PER: M. W. CHANDWANI):-
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel for the parties.
3. The petition challenges the order dated 30.01.2023 passed
by the respondent no. 1- Collector, whereby the application submitted
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by the petitioner under the provisions of the Arms Act, 1959 for
issuance of the firearms licence has been rejected and the petitioner
also lays the challenge to the order dated 04.05.2023 passed by the
respondent no.2- Divisional Commissioner, rejecting the appeal filed by
the petitioner.
4. The petitioner had moved an application dated
08.07.2022 for firearms licence under the provisions of the Arms Act.
The Police verification report was submitted by the respondent no. 3,
who did not recommend granting firearms licence to the petitioner
therefore, by the impugned order dated 30.01.2023, the respondent
no. 1 rejected the application of the petitioner. The petitioner made an
unsuccessful attempt by filing an appeal before the respondent no. 2,
whereby the respondent no. 2 confirmed the order of the respondent
no. 1 and rejected the appeal.
5. Though, various grounds have been raised in the petition,
the principal contention of Shri Dhawas, learned counsel for the
petitioner, is that the order of rejection of the application for grant of
firearms licence refers to the adverse police report submitted by
respondent no. 3, considering which the application of the petitioner
was rejected by the respondent no. 1. Shri Dhawas, learned counsel
for the petitioner, would submit that the petitioner has not been
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afforded opportunity to address the Authority on the adverse police
report submitted by the Superintendent of Police, Chandrapur.
According to him, absence of such opportunity violates the principle of
natural justice and a case is made out for remanding the matter.
6. Perusal of the appeal memo filed before the respondent
no. 2 contains the ground that no opportunity was given to the
petitioner to make submission to the adverse police report submitted
by the Superintendent of Police and that he was not called for to
respond to the adverse police report submitted to the Authority.
Similar contentions are also raised in the memo of this petition. In
absence of specific reply to these contentions in affidavit-in-reply filed
by the respondent no. 2, these contentions has gone unrebutted. Thus,
it appears that no opportunity was given to the petitioner to respond
to the adverse police report and the application came to be rejected,
which was also confirmed in the appeal.
7. I am satisfied that the petitioner has made out a case for
remand since, he was entitled to be heard on the adverse police report,
which appears to be the main consideration for ultimate decision of the
respondent no. 1. Hence, the following order:-
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i) The petition is partly allowed.
ii) The impugned orders dated 30.01.2023 and 04.05.2023
passed by respondent no. 1 and respondent no. 2 respectively are
quashed and set aside.
iii) The matter is remanded back to the respondent no.1-
Collector, Chandrapur for passing fresh orders on the application
dated 08.07.2022 preferred by the petitioner seeking firearms licence.
iv) The petitioner shall appear before the Collector,
Chandrapur on 12.02.2024 and shall bring this order to the notice of
the Collector, Chandrapur.
v) The Collector, Chandrapur is requested to take a decision,
on the application of the petitioner seeking firearm licence after
making available the copy of the police report to the petitioner and
after hearing the petitioner, within 60 days from the date of
appearance of the petitioner.
Rule is made absolute in the above terms.
(M. W. CHANDWANI, J.)
Signed by: Mr. Rajnesh Jaiswal
RR
Designation: PAJaiswal
To Honourable Judge
Date: 31/01/2024 18:01:30
