MAGHUBHAI KALUBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of challenging the legality and validity of the orders dated 21.02.2012 passed by the Respondent No.2 and order dated 16.09.2014 passed by the Respondent No.3.

(2.) Originally, the Special Criminal Application No.398 of 2018 was preferred challenging the impugned order. However, in view of order dated 22.01.2018 passed by the Coordinate Bench of this Court, the said Special Criminal Application No.398 of 2018 has been converted into present Special Civil Application.

(3.) The case of the petitioner is that petitioner is doing the business of road construction work in the name and style of Rajdeep Construction. During the course of business, the petitioner has to deal with several kinds of labourers who are doing labour work in the business of construction and dayin and dayout, the travel is to be undertaken with cash amount, since these labourers, at various sites, are to be paid wages and salary in cash on daily basis as well. On account of stiff competition in the business, in a routine manner, the competitors as well as enemies also being erupted, as a result of this, for the purpose of his defense, the petitioner is genuinely requiring a license to occupy the weapon. Pursuant to this needbase, a request was made in the year 2012 to the Respondent No.2 authority to issue license of 32 Bore revolver. However, said request of petitioner was turned down. Being aggrieved by the said order, an application was submitted before the authority which was registered as ['Hathiyar Vivad'] Application No.274 of 2017 and during the course of hearing of the said application, the assistance of learned advocate was also sought so as to make effective representation but surprisingly the said request was again turned down. 3. 1 As per say of learned advocate, though police opinion is positive and in favour of the petitioner for grant of license which was based upon fullfledged inquiry but, surprisingly ignoring this opinion, the authority, without assigning valid reason, turned down the request of the petitioner for issuance of license. It is submitted that there is a serious apprehension on account of work related to contract of building, roads that assault and/or attack may also take place from unforeseen corner. Hence, since there was favourable police opinion, even local MLA has also recommended the authority to consider the request of petitioner for grant of license, surprisingly, without extending any opportunity of hearing, straightway, the authority has turned down the request and confirmed the order passed by the District Magistrate dated 21.02.2012 and it is this order which is made the subject matter of present petition.