THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.9895 OF 2021

ORDER

This Writ Petition is filed with the following relief:

“Issue a writ or an order or directions, especially one in the nature of Mandamus under Article 226 of the Constitution of India declaring the action of imposing condition “The arms license is granted on sentimental grounds only and cannot be used for self/property protection, sports or any other purpose” in the License Bearing No.03/Home/2021 dated 01.02.2021 as illegal, arbitrary and violation of fundamental rights under Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.1 to strike out the impugned condition in the interest of justice ….”

2.1. The Learned Counsel for the petitioner submits that the petitioner was granted Arms Licence No. 03/Home/2021 dated 01.02.2021 under the category of Licence to Legal Heirs. However, the licence was issued with a restrictive rider stipulating that it was granted “on sentimental grounds only and cannot be used for self/property protection, sports, or any other purpose.”

2.2. Counsel further contends that such a restriction is unsupported by any provision of the Arms Act, 1959 or the