Devkaranbhai Somlabhai Vala vs District Magistrate, Amreli

A.Y. Kogje, J

This petition is filed under Article 226 of the Constitution of India challenging order dated 31.08.2018 passed by the District Magistrate, Amreli, by which order dated 22.05.2018 passed by the Sub-divisional Magistrate, Amreli came to be confirmed. The subject matter pertains to the grant of firearm license for crop prorection, which came to be rejected by the impugned orders.

Learned Advocate for the petitioner submitted that the petitioner is an agriculturist and possesses three parcels of agriculture land in the village. It is submitted that the land of the petitioner is situated near the forest area and therefore, wild animals frequently enter the agriculture field of the petitioner and destroy crop. It is submitted that on receipt of the application by the petitioner, opinions were called for from the local authorities and all the authorities, viz.

Superintendent of Police, Taluka Executive Magistrate and Police Sub Inspector have given positive opinions.

Still, the application of the petitioner came to be rejected.

2.1 It is submitted that that the rejection of the application for firearm license is based on irrelevant consideration as the firearm license application came to be refused on the ground that at present, there is wire fencing scheme of the Government and the petitioner can also take benefit of "Jataka Machine". Other than this, no reason is assigned by the authority.

Learned AGP opposes the grant of petition contending that when the authorities have found that there is wire fencing scheme of the Government and the petitioner can also take benefit of "Jataka Machine", this petition should not be entertained.

Having considered the rival submissions of the parties and having perused the documents on record, it appears that the land of the petitioner is situated near to forest area and frequently, wild animals enter the agriculture field of the petitioner and destroy crop. It also appears that the authorities have not assigned any cogent reasons to reject the application of the petitioner. Moreover, the authorities have also not taken into consideration the positive opinions given by three different authorities. This Court is also of the opinion that the grounds mentioned in the impugned orders are not germane. It is also required to be noted that the petitioner is not involved in any offence /criminal activities.

In view of the aforesaid, order dated 31.08.2018 passed by the District Magistrate, Amreli and order dated 22.05.2018 passed by the Sub-divisional Magistrate, Amreli are quashed and set aside. It is open for the petitioner to make a fresh application with necessary documents to the License Issuing Authority within period of four weeks from today. The authority shall consider such application afresh, in accordance with law and after granting an opportunity of hearing to the petitioner within period of two months therefrom.

With the aforesaid, the petition stands disposed of.

Direct service is permitted.