MAHAVIRSINH VANRAJSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 3/1/2017 passed by the Collector and District Magistrate, Bhavnagar which is confirmed by the Joint Secretary, Home Department vide order dtd. 25/6/2019. [From perusal of the record of the petition, the order passed by the Collector and District Magistrate, Bhavnagar is dtd. 3/1/2017, however, in the prayer clause of the petition, the date of the said order is wrongly mentioned as '3/10/2017'].

(2.) Heard learned advocate Mr.Dhruti Pandya for learned advocate Ms.Kruti Pandya for the petitioner and learned Assistant Government Pleader Mr.Shahil Trivedi for the respondent Nos.1 and 2 - State Authorities.

(3.) It is the case of the petitioner that the petitioner made an application 29/9/2016 before the Respondent No.2 for getting license of revolver / pistol. The application of the petitioner was considered and ultimately dismissed by the Collector and Divisional Magistrate, Bhavnagar vide order dtd. 3/1/2017 stating that the Superintendent of Police, Bhavnagar has given negative opinion in support of the application preferred by the petitioner. Further, he has observed that there is not threat perception on the petitioner and that considering the fact that now we are in era of digital transaction the case of the petitioner that he is required to carry high amount for cash considering his business of transportation and building materials as well as his business of sand, as he can always go for cashless transaction his application for issuance of fire-arm was rejected.