ORDER :

1. Challenge in this petition is to the order dated 15.06.2021 passed by respondent no. 1 in Weapon Dispute Application No. 77-C/2019 whereby the order dated 14.10.2019 passed by respondent no. 2 rejecting the application for renewal was confirmed.

2. Facts in brief have been considered in the order in the earlier round by this court in Special Civil Application No. 12106 of 2019 dated 16.07.2019.

“2. Learned Advocate for the petitioner submitted that the petitioner is engaged in the business of diamond and jewelery. It is submitted that the petitioner holds 50% share in two partnership firms and turnover of these partnership firms is over Rs.1 crore. It is submitted that customers of these partnership firms are located in various part of country and therefore, the petitioner has to frequently travel in various parts of country for the purpose of business. It is submitted that nature of the business of the petitioner is such that he is required to carry stock of diamonds and gold bars along with him during travel and the petitioner also receives cash on sale of those products.

2.1 It is submitted that the petitioner was already granted NP bore revolver /pistol licence for self-defence looking to nature of his business. This licence was issued considering the fact that there are no criminal antecedents against the petitioner and that he is not involved in any anti-social activities.

2.2 It is submitted that when the petitioner applied for renewal of the said licence in May 2017, the said application was rejected on the ground that there is delay of five months in filing the application for renewal. It is submitted that due to continuous travelling for business purpose, the petitioner inadvertently forgot to apply for renewal.

2.3 It is submitted that that the rejection of the firearm license is based on irrelevant consideration as the firearm license came to be refused on the only ground that there is delay in applying for renewal. The appellate authority has also rejected the appeal of the petitioner on the same ground.”

3. It appears that the petitioner otherwise a resident of Amreli applied for renewal of licence which was rejected on the ground of it being delayed by a period of five months. Aggrieved by the order so passed, the petitioner was constrained to file the aforesaid petition wherein the court on 16.07.2019 passed the following order :

“4. Having considered the rival submissions of the parties and having perused the documents on record, it is pertinent to note that the petitioner is already granted NP bore revolver /pistol licence for self-defence looking to nature of his business by the licence issuing authority. Moreover, it is not the case of the respondents that the petitioner is involved in any criminal /anti-social activity and the application for renewal is rejected only on the ground of delay, which in the opinion of this Court is not sufficient reason to reject the application of the petitioner for renewal. The petitioner has also stated that not applying in time for renewal was an inadvertent mistake as he was continuously on travel for business purpose.

5. Consequentially, order dated 04.06.2019 passed by the Joint Secretary, Home Department in Arms Appeal No.32 of 2018 also reiterates the findings given by the License Issuing Authority.

6. In view of the aforesaid, order dated 04.06.2019 passed by the Joint Secretary, Home Department in Arms Appeal No.32 of 2018 and order dated 15.05.2018 passed by the District 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 two weeks from today. The District Magistrate 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.

7. With the aforesaid, the petition stands disposed of.

Direct service is permitted.”

3.1 On the matter being sent