Prabhu Ram Godara vs The State Of Rajasthan ...
2023 Latest Caselaw 4527 Raj

[2023/RJJD/015050]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4158/2021

Prabhu Ram Godara S/o Late Kushla Ram Godara, Aged About 62 Years, B/c Jat, R/o House No.- 377, B.b.s. School Ke Samne, Sagar Road, Tilak Nagar, Bikaner (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Home Affairs (Govt. Of Rajasthan) Government Secretariat, Jaipur.

2. The District Collector, Bikaner, District-Bikaner (Rajasthan)

3. The Superintendent Of Police, District-Bikaner (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Rajak Khan Haidar For Respondent(s) : Ms. Vrinda Samdhani for Ms. Vandana Shrimali, AGC

HON'BLE DR. JUSTICE NUPUR BHATI

Judgment

12/05/2023

1. This writ petition under Article 226 of the Constitution of

India has been preferred by petitioner for the following reliefs :-

(1) The inaction and unjustified delay on the part of the respondents in renewing of Arms Licence No.217/ADMR/97 and UID No.295000029862232016 of the petitioner may kindly be declared per se unjust, arbitrary and further violative to Article 14 and 21 of the Constitution of India.

(2) The respondents may kindly be directed to renew the Arms Licence No.217/ADMR/97 and UID No.295000029862232016 of the petitioner on urgent basis.

[2023/RJJD/015050] (2 of 5) [CW-4158/2021]

2. Brief facts of the case are that the petitioner is an ex-

serviceman of Indian Army. The petitioner is aspiring to work as

security personnel with private company and for this purpose he

requires a gun license.

3. The petitioner has a 12-Bore licenced gun, having Arms

Licence No.217/ADMR/97 and UID No.295000029862232016. This

license was issued to the petitioner while serving in the Indian

Army at Ramban (J&K) on 26.11.1997. The copy of the arms

license is placed on record as Annex.2. The arms license of the

petitioner was renewed from Nagpur (Maharashtra) and Barmer

(Rajasthan) while the petitioner was serving in Indian Army. The

petitioner retired after the year 2005 and thereafter he applied

before the respondent-authorities for renewal of his arms license

(Annex.2) at his home district i.e. Bikaner. The petitioner

submitted his original arms license before the respondent-

authority alongwith requisite fees and application. The gun was

returned back to the petitioner with an instruction to keep it in

safe and not to use it.

4. The petitioner had applied for the renewal of arms license

way back in the year 2005 but it was not renewed even after a

period of 15 years despite the fact that the police verification of

the petitioner has also been done twice.

5. The respondent authorities were under an obligation to

renew license of the petitioner within 30 days of verification report

of the police personnel, however, nothing was done. The

respondents have sent letters to the District Magistrate, Ramban,

Jammu & Kashmir but no head was paid to it.

[2023/RJJD/015050] (3 of 5) [CW-4158/2021]

6. The petitioner, thus, being aggrieved of the aforesaid facts

and circumstance of the case has preferred this writ petition.

7. Learned counsel for the petitioner submits that as per the

Circular of State Government dated 30.5.2019, which is placed on

record as Annex.R/1, certain directions have been issued. He

further submits that under Clause (2)(vi) of the said Circular dated

30.5.2019, the license can be renewed only after the concerned

Authority who had lastly renewed the license verifies it. The

relevant extract of the circular is reproduced hereunder :-

"(vi) vuqKkiu izkf/kdkjh vU; jkT;ksa ls tkjh "kL= vuqKki= dk uohuhdj.k djus ls iwoZ vuqKkiu izkf/[email protected] izkf/kdkjh ftlus vfUre ckj uohuhdj.k fd;k gks] ls "kL= vuqKki= ds lR;kiu ds i"pkr gh uohuhdj.k djsaxsA bl laca/k esa fo"ks'k lrdZrk cjrsaA"

8. Learned counsel for the petitioner submits that the

respondent authorities are time and again sending requests for

verification to the concerned zuthority at Ramban, Jammu and

Kashmir, however, the petitioner's last renewal has been made by

the concerned Authority at Barmer, which is evident from a copy

of the arms license dated 26.11.1997 (Annex.2).

9. Learned counsel for the petitioner has also drawn attention

of this Court towards Rule 24(1) of the Arms Rules, 2016, the

same is reproduced hereunder :-

"Renewal of licences - (1) Every license may, as its expiration and subject to the same conditions (if any) as to the grant thereof, be renewed by the authority mentioned in Schedule II as renewing authority within a period of thirty days of receipt of the police report.

Provided that the license so renewed may be signed in the appropriate column of the license by such officer as may be

[2023/RJJD/015050] (4 of 5) [CW-4158/2021]

specifically empowered in this behalf by the State Government under Rule 5."

10. Counsel for the respondent, however, submits that they are

regularly making a request to the Additional District Magistrate,

Ramban, Jammu & Kashmir but no response whatsoever has been

received.

11. Counsel for the respondent further submits that as per

Clause 2(vi) of Circular dated 30.5.2019 (Annex.R/1), the

Licencing Authority before renewal of arms license issued from

another State, shall make renewal only after being verified from

the Licencing Authority who had lastly renewed the arms license

of applicant and, thus, they are regularly making a

correspondence with the concerned Authority at Jammu & Kashmir

but there is no response from them.

12. Heard learned counsel for the parties and perused the

material available on record.

13. This Court finds that the arms license issued to the petitioner

on 26.11.1997 clearly reflects that it has lastly been renewed by

the concerned Authority at Barmer as it has been mentioned in it

that "As per verification letter No.46 dtd. 20.3.01 DM, Doda,

renewed upto 31.12.2005". It also bears seal and signature of the

District Magistrate, Barmer, Rajasthan. It is important to note that

in the arms license issued to the petitioner on 26.11.1997, there

is a noting by the renewing authority (District Barmer) that "as

per averification letter of District Magistrate, Doda receiuved". This

noting clealry shows that earlier when the arms license of the

[2023/RJJD/015050] (5 of 5) [CW-4158/2021]

petitioner was renewed by the concerned authority at District

Barmer, the verification for the purpose of renewal of the license

was sought from the authority, who had lastly renewed the license

of the petitioner. The respondent Authorities without appreciating

the fact that the arms license of the petitioner was lastly renewed

from Barmer (Rajasthan) on 31.12.2005, are making

correspondence with the concerned authority at Ramban, Jammu

& Kashmir. Clause 2(vi) of circular dated 30.5.2019 (Annex.R/1)

clearly stipulates that before renewing the arms license issued

from other States, the licensing authority will renew the arms

license only after the verification of the arms license from the

licensing authority/renewing authority, which last renewed it.

14. The respondents are, therefore, directed to seek verification

for the purpose of renewal of the arms license of the petitioner

from the last renewing authority, i.e. authority at Barmer District,

while adhering to clause 2(vi) of the Circular dated 30.05.2019

(Annex.R/1) and are further directed to renew the license of the

petitioner, if found suitable/eligible for it, within a period of two

months.

15. With the aforesaid directions, the writ petition is allowed.

16. The stay application and all other pending applications, if

any, stand disposed of accordingly.

(DR. NUPUR BHATI),J 265-Sanjay/-

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