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BIREN VAISHNAV
Ramjibhai Bhavanbhai Kanetiya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. RULE returnable forthwith. Mr.Rohan Shah learned AGP waives service of notice of Rule on behalf of the respondent State.
2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.
3. By way of this petition under Article 226 of the Constitution of India, the challenge in this petition is to the order dated 09.05.2022 passed by the Appellate Authority confirming the order dated 07.12.2020 passed by the District Magistrate, Botad, by which, the petitioner’s application for Arms license has been rejected.
4. It is the case of the petitioner that he is maintaining his family and doing agricultural work and also doing vitrified tiles business at Morbi. He was issued an arms license in the year 2010. Renewal Application filed was rejected. The order was challenged by filing Special Civil Application No.173 of 2019. This Court by an order dated 14.02.2020 quashed the orders with a direction that on an application being made afresh, the same be considered. On a fresh application being made, by the impugned orders, the application has been rejected.
5. Mr.Harnish Darji learned advocate for the petitioner would submit that the impug
The rejection of an arms license application must be based on grounds that have a nexus to the provisions of the Arms Act, 1959, particularly Sec.14, and cannot be based on non-germane grounds such a....
The central legal point established is that the refusal of an arms license based on age criteria, without alignment with the grounds specified in Section 14 of the Arms Act, is illegal.
The central legal point established in the judgment is that the refusal of firearm license renewal must align with the conditions stipulated in the Arms Act, and reasons for refusal must be in accord....
Age alone cannot be a reason to deny an arms license, and subjective reasons given by authorities must be justified under the provisions of the Arms Act.
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.
The central legal point established in the judgment is that the refusal of a firearm license renewal should be based on valid grounds as per the provisions of the Arms Act and should have a nexus to ....
The refusal of an arms license must adhere to Section 14 of the Arms Act, ensuring no arbitrary denial absent valid concerns.
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