1 Crwp 747 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.747 OF 2009 Kalyan s/o Janba Mandale. ... Petitioner. Versus The State of Maharashtra & Others. ... Respondents. -------- Shri. P.G. Mahalankar, holding for Shri. B.N. Patil, Advocate for the petitioner. Shri. S.D. Kaldate, Additional Public Prosecutor, for respondents Nos.1 to 6. -------- CORAM: NARESH H PATIL & SHRIHARI P DAVARE,JJ. DATE: 10th SEPTEMBER 2009 PER COURT : 1) Heard. 2) The learned counsel for the petitioner submitted that the application filed by the 2 Crwp 747 of 2009 petitioner for seeking arms licence has been erroneously rejected by the Collector. The petitioner should have been heard by the authorities concerned before passing final order. The persons, who are opposed to the petitioner and had challenged the licence of the fair price shop, were adversely interested and the police did not conduct proper inquiry. 3) Under the provisions of the Arms Act 1959 the police report was called by the Collector, Latur and after going through the report and the material placed before him the Additional Collector Latur by order dated 24-3-2008 rejected the application of the petitioner. The petitioner filed an appeal before the Divisional Commissioner Aurangabad. By order dated 22-10-2008 the Commissioner considered the issue raised by the petitioner and concurred with the view adopted by the Collector. 3 Crwp 747 of 2009 4) We do not find any violation of the provisions of law in screening the application of the petitioner. The police authorities and the Collector after considering the facts of case, character and antecedence of the applicant and after taking into consideration over all view of the matter decided application for grant of licence. 5) In exercise of extraordinary writ jurisdiction under Article 226 of the Constitution we do not find that the petitioner has made out a case. 6) The writ petition is dismissed. (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) rsl/ crwp.747.09