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PUSHPENDRA SINGH BHATI
Vijay Kumar – Appellant
Versus
State – Respondent
ORDER :
1. The matters are listed in the category of 'oldest cases for early disposal'.
2. Learned counsel for the parties jointly submitted that the present matter is squarely covered by the judgment passed by this court in Goverdhan Singh Parihar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4452/2019), decided on 10.11.2021 alongwith the connected matters. The order dated 10.11.2021 reads as follows :
Learned counsels for the present petitioners have laid the grievances with regard to matters relating to licenses of firearms under the Arms Act, 1959 (hereinafter “the Act of 1959”), before the Court, viz. inaction and unjustified delay in issuance of arms license / no opportunity of hearing given and despite pendency of only one criminal case / rejected without cause or speaking order / renewal denied despite acquittal in criminal cases / renewal denied despite pending criminal case related to gambling and thereby not impacting public safety / no transfer to legal heir despite surrender of old license / no grant or refusal of application for license and inordinate delay, despite prescribed statut
Licensing authorities must provide speaking orders and consider individual circumstances when deciding on firearms licenses, as mere criminal case pendency is insufficient for denial.
The main legal point established in the judgment is the need for individual consideration of cases, passing speaking orders, and adherence to relevant statutory provisions and judgments in matters re....
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
The cancellation of an arms license should be necessary for public peace or safety, and any interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warr....
Interference in rejection of grant of fresh application/refusal/renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out.
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