[2025:RJ-JD:50502]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12714/2013 Bhawani Singh Deora S/o Chandra Singh, Aged about 53 years, R/o Village Tokra, Tehsil Revdar, District Sirohi, Raj.

----Petitioner Versus

1. State of Rajasthan, through District Magistrate, Sirohi, Raj.

2. Divisional Commissioner, Jodhpur.

----Respondents For Petitioner(s) : Mr. Paramveer Singh For Respondent(s) : Mr. Rituraj Singh Bhati HON'BLE MS. JUSTICE REKHA BORANA

Order

21/11/2025

1. The present writ petition has been filed being aggrieved of order dated 09.07.2012 (Annexure-13) passed by the Divisional Commissioner, Jodhpur whereby the appeal as filed by the petitioner against order dated 25.04.2012 (Annexure-11) passed by the District Magistrate, Sirohi, stood dismissed.

2. Vide order dated 25.04.2012, the District Magistrate proceeded on to cancel Arms License No.89/250 as issued in favour of the petitioner. Vide the said order, the District Magistrate observed that FIR No.91/2007 dated 15.07.2007 had been registered against the petitioner and taking into consideration the same, the Arms License issued in favour of the petitioner did not deserve renewal.

3. Learned counsel for the petitoner submits that FIR No.91/2007 was qua a petty offence and the petitioner was even acquitted qua the same in the year 2009 itself. The rejection of the prayer for renewal of license, therefore, was erroneous.

4. Learned counsel for the petitioner further submits that even otherwise the FIR pertained to a dispute among the family members and could not have been termed to be a grave offence. In support of his submission, Counsel relied upon Hem Singh Khinchi Vs. State of Rajasthan; D.B. Spl. Appl. Writ No.1031/2013 (decided on 05.01.2017)

5. Per contra learned counsel for the respondent-State submits that it been found that the petitoner had a criminal background in so far as two FIRs had been lodged against him, order of cancellation of Arms License was rightly passed by the District Magistrate.

6. Heard the counsels. Perused the record.

7. It is an admitted fact that the petitioner was acquitted after giving the benefit of doubt in the criminal matter qua FIR No.91/2007. The rejection of the renewal of license was on the sole count of the said FIR only.

8. The Division Bench, in Hem Singh (supra), while dealing with a similar situation observed that, some reports having been lodged against the license holder is not sufficient for cancelling the license. Therein, the Court observed that satisfaction of the authority has to be objective and the said satisfaction must be based upon relevant material. The Court, therefore, held that in absence of any finding that cancellation was necessary for public peace or public safety, the order is liable to be quashed.

9. In view of above ratio, the present writ petition is disposed of with direction to District Magistrate, Sirohi for decision afresh of the application of the petitioner for renewal of his arms license. While doing so, the Magistrate shall be at liberty to call for the record/report of the petitioner for last five years and would be under an obligation to decide the application on basis of the said report.

10. If no FIR is found to have been lodged nor any criminal proceeding is found to be pending against the petitioner since last five years, the Magistrate shall be under an obligation to decide the application of the petitioner keeping into consideration the said facts.

11. The order whatsoever be passed by the Magistrate within a period of two months from now.

12. Stay petition and pending applications, if any, stand disposed of (REKHA BORANA),J

176-divya/-