VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) The matters are listed in the category of 'oldest cases for early disposal'.

(2.) Learned counsel for the parties jointly submitted that the present matter is squarely covered by the judgment passed by this court in Goverdhan Singh Parihar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4452/2019), decided on 10/11/2021 alongwith the connected matters. The order dtd. 10/11/2021 reads as follows : The present petitioners have a common grievance regarding the arms license. Learned counsels for the present petitioners have laid the grievances with regard to matters relating to licenses of firearms under the Arms Act, 1959 (hereinafter "the Act of 1959"), before the Court, viz. inaction and unjustified delay in issuance of arms license / no opportunity of hearing given and despite pendency of only one criminal case / rejected without cause or speaking order / renewal denied despite acquittal in criminal cases / renewal denied despite pending criminal case related to gambling and thereby not impacting public safety / no transfer to legal heir despite surrender of old license / no grant or refusal of application for license and inordinate delay, despite prescribed statutory time period of 60 days asunder Schedule V, of the Arms Rules, 2016 ("the 2016 Rules"). Learned counsels for the petitioners further submit that there is a statutory provision for persons to apply and acquire a firearm license, and thus, the respondents ought to maintain maximum transparency, while passing the orders, whereas the impugned orders have been passed without making any individual consideration of the relevant criteria. Learned counsel for the respondents submit that there is no absolute right of any person to acquire an arms license and the respondents have every right to objectively decide each case, while taking into consideration the past record of the person seeking such license as well as the pendency of proceedings, if any. Learned counsels for the petitioners at this stage, submit that it would be sufficient if the respondents are directed to pass fresh orders on the petitioners' cases individually, while keeping in the view the judgment rendered by a Division Bench of this Hon'ble Court in Khem Singh Vs. State of Rajasthan & Ors. reported in 2005 (2) Cr. L.R. (Raj.) 907. This Court's attention is drawn to Para 5 of Khem Singh (supra) -

(3.) In light of the aforequoted judgment, the present petition is also disposed of in the same terms. All pending applications also stand disposed of accordingly.