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2022 Supreme(Guj) 1439

BIREN VAISHNAV
Kanaksinh Mohansinh Mangrola – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.B.Naik, Senior Advocate With Mr Parthiv A Bhatt
For the Respondent: Ms. Shrunjal Shah, Assistant Government Pleader

JUDGMENT :

1. Rule returnable forthwith. Ms.Shrunjal Shah, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent-State.

2. Heard Mr.B.B.Naik, learned Senior Counsel with Mr.Parthiv Bhatt, learned advocate for the petitioner and Ms.Shrunjal Shah, learned AGP for the respondent – State.

3. By way of this petition under Article 226 of the Constitution of India, challenge is to the order dated 09.08.2016 passed by the respondent No.3 as well as the order dated 20.12.2018 passed by the respondent No.2 in Appeal No. 362 of 2016, by which, the application for granting an Arms License to the petitioner has been rejected.

4. Mr.B.B.Naik, learned Senior Counsel with Mr.Bhatt, learned counsel, would submit that the orders under challenge are bad, inasmuch as, the grounds on which the same has been rejected have no nexus to the need of the petitioner for license. He would submit that the parameters for grant of license and refusal thereof have been set out in Sections 13 and 14 of the Arms Act, 1959 and the reasons assigned by the authorities below do not fall within the frame work of the law so stated by several decisions of this Court. In support of h

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