IMPORTANT POINT
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.

ORDER :

1. By way of the present Petition, petitioner herein has prayed for the following reliefs :

“(A) YOUR LORDSHIP may be pleased to admit and allow this petition.

(B) YOUR LORDSHIP may be pleased to issue writ of certiorari or writ in the nature of certiorari quashing and setting the order dated 09.11.2020 passed by the respondent no. 2 herein in D/MAG/1/HTHP/RAD/Vashi. 19261-264 as well as the order passed by the section Officer, Home Department dated 20.04.2022 in HVD/1220/484/M and direct the respondent authorities to renew the license no. B.K. 02/2012.

(C) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay implementation, operation and execution of the order dated 09.11.2020 passed by the respondent no.2 herein in D/MAG/1/HTHP/RAD/Vashi. 19261-264 as well as the letter/order passed by the section Officer, Home Department dated 20/04/2022 in HVD/1220/484/M.

(D) YOUR LORDSHIP may be pleased to pass such other order and further orders as may be deemed just and proper in the interest of justice.”

2. Heard Mr. Tushar Chaudhary, learned advocate appearing for the petitioner and Mr. Ayaan Patel, learned Assistant Government Pleader appearing for the respondent- State authorities.

3. Brief facts leading to the filing of the present Petition reads thus:

3.1. The petitioner herein was in receipt of a valid arms license being No. BK/02/2012 (UIN No. 122610000137322013) which was issued to the petitioner herein in the year 2012. The same has been renewed from time to time. The petitioner was issued a Notice on 17.10.2020 by the respondent no.2 as to why the petitioner’s arms license should not be cancelled/revoked, taking into consideration the petitioner’s age. Thereafter, the petitioner herein approached the competent authority clarifying the fact that the petitioner is having land in Aadivasi area. The petitioner is required to deal in cash, the petitioner has also plantation of sandalwood trees, there was a theft of wild animal and in view thereof, though petitioner is aged 83 years, the health condition of the petitioner is good. Though, the aforesaid was submitted by the petitioner herein, petitioner’s arms license came to be cancelled, for the reasons stated in the order dated 09.11.2020, passed by the respondent no.2 herein.

3.2. Being aggrieved by the impugned order dated 09.11.2020, the petitioner herein preferred an Appeal before the respondent no.1 authority. There was delay in filing the appeal before the competent authority and in light of the aforesaid, the respondent no.1 authority rejected the appeal on the ground of delay vide letter/order dated 05.01.2021.

3.3. In view thereof, the petitioner approached this Court, wherein, by an order dated 08.02.2021 passed in Special Civil Application No. 2409 of 2021, the Hon’ble Court declined to condone the delay and the respondent no.1 was directed to decide the petitioner’s appeal on its own merits. The appellate authority also rejected the appeal of the present petitioner on the same ground. One more ground weighed with the appellate authority for rejecting the appeal was that in the course of hearing, it was stated by the petitioner that the license that may be granted/considered to the petitioner for a lighter weight and on such submission, the appellate authority came to a conclusion that the petitioner himself has accepted that the petitioner has aged around 80 years and is not in a position to handle an arms license and also that there is no personal threat to the petitioner and in view thereof, there is no concrete reason to renew the arms license of the petitioner.

3.4. In light of the aforesaid, being aggrieved and dissatisfied with the order impugned passed by the competent authority, the petitioner herein has approached this Court with the reliefs as stated herein-above.

4.1. Mr. Tushar Chaudhary, learned advocate appearing for the petitioner submits that in view of the threat or theft, the the arms license of the petiti