JODH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions involve common question of law and facts and therefore, with the consent of learned Counsel for the parties, are heard and decided together taking the facts of SBCW No. 3959/208 as a leading case.

(2.) THE facts and circumstances giving rise to these writ petitions are that the petitioners were initially granted Arms Licence for Muzzle Loading Gun (for short the ML Gun' hereinafter) which were issued in favour of the petitioners by the Tehsildar of the area and in the case of the petitioner Jodhsingh by Tehsildar, Srikaranpur. Grant of ML Gun licence by the tehsildar has not been questioned by the respondent State and therefore, to the extent of grant of ML Gun licence there is no infirmity and such grant of ML Gun licence is not under challenge. However, subsequent thereto, the petitioner applied for change of the bore of the gun before the Additional District Collector, Sriganganagar who issued the Outside Licence of NP Bore vide Licence No. 14/2003. However, by order Annex. 4, the respondent District Magistrate, Sriganganagar suspended the licence issued under Section 13(3) of the Arms Act, 1959 (for short vthe Act of 1959' hereinafter) and the petitioner was directed to deposit the arms with the concerned police station. The petitioner submitted reply to the notice vide Annex. 5. By order Annex. 6 dated 11.2.2008 the respondent District Magistrate, Sriganganagar cancelled the licence granted in favour of the petitioned The petitioner preferred an appeal before the respondent Divisional Commissioner, Bikaner Division, Bikaner. By order Annex. 7, the appellate authority dismissed the appeal. Hence these petitions.

(3.) I have heard learned Counsel for the parties and given my thoughtful consideration to the submissions made by the Counsel for the parties.