Rajasthan High Court - Jodhpur
State & Ors vs Sahab Ram on 10 January, 2011
Bench: Arun Mishra, Prakash Tatia
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D.B.CIVIL SPECIAL APPEAL NO.11/2010
DATE OF ORDER : 10 /1/2011
HON'BLE THE CHIEF JUSTICE MR.ARUN MISHRA
HON'BLE MR. JUSTICE PRAKASH TATIA
Mr.G.R.Poonia, A.A.G. Mr.H.S.Sidhu, for the respondent.
Heard on the question of admission.
This intra Court appeal has been preferred as against the order passed by the Single Bench allowing the writ petition filed by the respondent-petitioner, while restoring his gun licence.
It is not in dispute that 12 bore SBBL gun licence was granted to the respondent-petitioner in the year 1973, which was cancelled in the year 2006. The said licence was renewed from time to time. The District Magistrate, Hanumangarh suspended the licence by giving a notice for revocation of the licence on the ground that criminal cases were registered against him. Pursuant to show cause notice, the reply was filed. Licence was ultimately revoked.
The stand of the respondent-petitioner was that he never misused the gun after the licence was granted and in all the three petty offences in which he was involved, he stood 2 acquitted. Licence has been granted for his personal safety, as he resides in a remote village (Dhani). As against cancellation of the licence, appeal was preferred before the Divisional Commissioner and the same was dismissed vide order dt.16.10.07. Aggrieved by that, writ petition was preferred before the Single Bench. The same has been allowed. Consequently, this intra Court appeal has been preferred.
The Single Bench has quashed the order of revocation of gun licence on the ground that the respondent-petitioner never misused the gun & he was involved in petty cases, wherein he stood acquitted.
After hearing the learned counsel for the parties, we are of the opinion that the Single Bench has rightly set aside the order of revocation of licence granted in the year 1973. The respondent petitioner was involved in petty criminal cases pertaining to the years 1997, 1999 & 2005. In two cases, compromise was arrived-at and in the third one, respondent petitioner stood acquitted. In view of the aforesaid fact as also the fact that the gun was not misused in the said criminal cases by the petitioner, who was holding the gun licence since 1973, the Single Bench has rightly formed the opinion, which cannot be said to be illegal or such, which may warrant any interference in 3 this intra Court appeal.
Consequently, the intra Court appeal, being devoid of merit, deserves dismissal. The same is hereby dismissed. No costs.
(PRAKASH TATIA), J. (ARUN MISHRA), CJ RANKAWAT JK, PS