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Judgment
Heard learned counsel for the parties. Perused the material available on record.
By way of this writ petition, the petitioner Sarwan Singh has approached this Court for assailing the order (Annexure-2) dated 28.03.2011 passed by
the District Collector -cum- District Magistrate, Sri Ganganagar whereby, the 12 Bore Gun licence No.27/1970 issued in favour of the petitioner was
cancelled and the order dated 27.06.2011 passed by the Divisional Commissioner, Bikaner Division, Bikaner whereby, the appeal preferred by the
petitioner against the order passed by the District Collector-cum-District Magistrate was rejected.
Learned counsel Shri Ankiya representing the petitioner relied upon the Division Bench Judgment of this Court in the case of State of Rajasthan &
Ors. vs. Sahab Ram reported in 2011 WLC (Raj.) UC 230 and urged that the only reason as assigned in the order dated 28.03.2011 for non-renewal
of the petitioner’s firearm licence is the registration of four criminal cases against the petitioner. He urges that all the criminal cases have been
decided long back. The licence of the petitioner was regularly renewed till the year 2008. Only in one of the criminal cases, the petitioner was
convicted, however, all the cases involved petty offences and in none of these four cases, was there any allegation that the firearm in question was
used/misused by the petitioner. He thus urges that the impugned orders are bad in the eye of law and same deserve to be set aside. He prayed that
the firearm licence of the petitioner should be directed to be renewed.
Shri O.P. Boob, learned GC representing the respondents vehemently and fervently opposed the submissions advanced by Shri Ankiya. However, he
too was not in a position to dispute the fact that there is no allegation in any of the criminal cases registered against the petitioner regarding use/
misuse of the licenced firearm. It is also a virtually admitted position that the criminal cases referred to in the order dated 27.06.2011 were registered
more than 10 years ago. All the cases involved petty offences viz. Sections 447, 427 & 323 IPC. In only one of the cases registered in the year 2006,
the offence under Section 3 of the SC/ST Act is involved.
Be that as it may. Having regard to the facts and circumstances as available on record, and since, there is no allegation against the petitioner regarding
misuse of the firearm or of breaching the condition of the licence, this Court is of the firm opinion that the order dated 28.03.2011 passed by the
District Collector-cum-District Magistrate, Sri Ganganagar refusing to renew and cancelling the firearm licence of the petitioner is absolutely bad in
the eye of law. As a consequence, the order dated 27.06.2011 passed by the appellate authority too cannot be sustained. The case at hand is squarely
covered by the ratio of Division Bench Judgment (referred to supra) relied upon by the petitioner’s counsel.
As a consequence of the above discussion, the impugned order (Annexure-2) dated 28.03.2011 passed by the District Collector -cum- District
Magistrate, Sri Ganganagar and the order (Annexure-4) dated 27.06.2011 passed by the Divisional Commissioner, Bikaner Division, Bikaner are
quashed and set aside. The District Collector-cum-District Magistrate, Sri Ganganagar is directed to renew the 12 Bore Gun licence of the petitioner
forthwith and not later than within a period of eight weeks from the date of submission of copy of this order.
The writ petition is allowed in these terms.
No order as to costs.