Rajasthan High Court - Jodhpur
Chottu Singh vs . State Of Rajasthan & Anr. on 12 April, 2014
Author: P.K. Lohra
Bench: P.K. Lohra
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No.604/2009
Chottu Singh V/s. State of Rajasthan & Anr.
Date of Order ::: 12.04.2014
PRESENT
HON'BLE MR. JUSTICE P.K. LOHRA
Mr. Himmat Singh Shekhawat for the petitioner. Mr. O.P. Boob, Govt. Counsel, for the respondents.
Matter is listed today for disposal in the spirit of Lok Adalat.
The petitioner has preferred this writ petition imploring annulment of impugned orders Annexs.11 & 13 respectively. The petitioner has further sought a direction against respondents for issuance of arms licence in his name.
On perusal of the Annex.11, it is crystal clear that Additional Collector-cum-Additional District Magistrate, City Jodhpur, while declining grant of arms licence to the petitioner, has not assigned any cogent and convincing reasons.
Precisely, the report of Superintendent of Police, City Jodhpur, on which the authority has relied, is not clear and, as such, it is not inspiring the confidence. The petitioner has preferred appeal before the Divisional 2 Commissioner, Jodhpur and the Divisional Commissioner, by its order dated 27th October, 2008, has fully concurred with the competent authority and dismissed the appeal of the petitioner.
On thorough examination of the order of the Divisional Commissioner, in my opinion, the only reason, which he has not assigned in the order is that the petitioner has failed to prove that here is any apprehension about threat to this life and, as such, it is not desirable to grant him arms licence. So far as character and other antecedents of the petitioner are concerned, there is no whisper in the order passed by the Divisional Commissioner.
In this view of the matter, the present petition is disposed of with a direction to the respondent to re- consider the case of the petitioner for grant of arms licence in accordance with law. It is made clear that, while processing the application of the petitioner afresh for grant of arms licence, the competent authority shall not be influenced by the orders, Annexs. 11 & 13 respectively.
(P.K. LOHRA), J.
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