Point of Law: Merely refusing to issue a licence for a reason not prohibited by the Act, such as being aged 63 years, is unjustified and not in consonance with the provisions of the Act.

JUDGMENT :

1. Rule. Learned AGP Mr. Ronak Raval waives service of notice of rule for respondents.

2. Looking to the issue involved in this petition, learned advocates appearing for the parties have jointly requested that this matter be heard and decided at an admission stage and, hence, this matter is being heard and decided finally.

3. By way of this petition, which is filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 05.12.2020 passed by the respondent no.2, whereby the respondent no.2 has revoked the fire arm licence of the petitioner.

4. Heard learned advocate, Mr. M.A. Kharadi appearing for the petitioner and learned AGP Mr. Ronak Raval appearing for the respondents.

5. Learned advocate for the petitioner submitted that the petitioner got the fire arm licence under the provisions of the Arms Act in the year 1997, which was issued to the petitioner for the purpose of self protection.

It is submitted that the said licence has been renewed from time to time, however lastly when the petitioner submitted an application for the renewal of the said licence in the prescribed form, the respondent no.2, vide impugned order dated 05.12.2020, has revoked the licence of the petitioner mainly on the ground that the petitioner is more than 55 years of age. Learned advocate for the petitioner has referred to the impugned order, copy of which is placed on record at Page No.19 of the compilation.

6. Learned advocate would submit that the respondent no.2 is not authorized to revoke the licence issued under the provisions of the Arms Act on the ground of age of the petitioner. At this stage, learned advocate referred to provision contained in Section 17 of the Arms Act and, thereafter, submitted that the licence issued under the Arms Act can be revoked on the grounds mentioned/ stipulated in the said section.

7. Learned advocate has thereafter placed reliance upon the order dated 12.06.2017 passed by the Division Bench of this Court in Letters Patent Appeal No.290/2016 in case of Ashokkumar Bhikhaji Thakor Vs. State of Gujarat & Ors. Learned advocate has also placed reliance upon the order dated 29.08.2011 passed by this Court in Special Civil Application No.8691/2011 in case of Sorab Jehangir Bamji Vs. State of Gujarat, copy of which is placed on record during the course of hearing.

8. Learned advocate has, therefore, urged that the impugned order be quashed and set aside and the matter be remitted back to the respondent no.2 for deciding the application filed by the petitioner for renewal of the license afresh.

9. On the other hand, learned AGP, though has opposed this petition, is not in a position to dispute the fact that while passing impugned order by which the license of the petitioner has been revoked, the respondent no.2 has considered the age of the petitioner, which is not permissible as per the provisions contained in Section 17 of the Arms Act.

10. I have considered the submissions canvassed by learned advocates appearing for the parties. I have also perused the material placed on record. From the records, it transpires that the fire arms licence under the provisions of the Arms Act was issued to the petitioner in the year 1997, which was renewed from time to time. Now when the petitioner has submitted an application for the renewal of the said licence, the respondent no.2 has revoked the licence on permanent basis on the ground that the petitioner is more than 55 years of age. 11. Section 17 of the Arms Act reads as under,

“17. Variation, suspension and revocation of licences—

(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliverup the licence to it within such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the li