HARSHADBHAI JAMNADAS GADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Rohan Shah, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a direction to quash and set aside the impugned orders dtd. 28/5/2018 passed by the District Magistrate, Amreli and order dtd. 4/6/2019 passed by the Joint Secretary (Appeal), Home Department, Government of Gujarat, Gandhinagar.

(3.) The facts in brief would indicate that the petitioner who states that he is an agriculturist was in possession of 0.32 bore revolver licence which was renewed upto 31/12/2016. As the licence was expiring on 31/12/2016, the petitioner applied for renewal for a further period of 3 years vide application 13/12/2016. After granting an opportunity of hearing to the petitioner, by an order dtd. 28/5/2018, the District Collector and District Magistrate rejected the application for renewal of the licence on the ground that the two FIRs, one registered with Savarkundla Town Police Station being FIR No. I-83 of 2001 for offences punishable under Ss. 452, 384, 323 and 504(2) of the Indian Penal Code and another one FIR No.58/2001 under the Gambling Act were pending.