1 S.B. CIVIL WRIT PETITION NO.1222/2008 (Ravindra Kumar Vs. State of Rajasthan & Ors.) Date of order :: 11.03.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Ashok Chhangani, for the petitioner. Mr.B.L. Tiwari, Dy. Govt. Advocate. By way of filing present writ petition, the petitioner is challenging the validity of the order dated 18.10.2007 (Annexure-4) passed by the learned District Magistrate, Hanumangarh, so also, the order dated 16.01.2008 (Annexure- 6) passed by the learned Divisional Commissioner, Bikaner Division, Bikaner. The contention of the petitioner is that the main ground for refusal of renewal is pending of criminal case which was registered against the petitioner in the year 2001 at Police Station T.B. On the basis of that case, the Superintendent of Police, Hanumangarh wrote a letter to the District Collector that the licence of the petitioner shall not be renewed. Upon perusal of Annexure-2, it is obvious that the 2 said communication was sent by the Superintendent of Police, Hanumangarh to the District Collector for not renewing the licence issued in favour of the petitioner on the ground that a criminal case No.404/2001 under Sections 452, 323, 336 and 147 IPC read with Section 3 SC/ST Act, at police station T.B was registered against the petitioner. In that case, the matter was finally decided on the basis of compromise. Further it is contended by learned counsel for the petitioner that as per Section 14 of the Arms Act, the refusal of renewal of the petitioner's licence is totally untenable, more so, it is contrary to the Section 14. I have perused Section 14 of the Arms Act, so also, the impugned orders Annexure-4 and 6. In both the orders impugned it is obvious that the renewal application of the petitioner was rejected only on the ground that a criminal case was registered against him. While observing this fact, it is felt necessary by the Collector not to renew the licence. Upon perusal of Section 14 of the Arms Act, it is obvious that no licence can be refused only on the ground of 3 registration of the case. Of course, for other purpose it can be refused, but Annexure-4 clearly speaks that this order has been passed on the basis of a report given by the Superintendent of Police, Hanumangarh with regard to a criminal case registered against the petitioner. In this view of the matter, I deem it just and proper to quash Annexures-4 and 6 and to remit the case before the District Collector & District Magistrate, Hanumangarh to pass a fresh order ignoring the fact that a criminal case was registered against the petitioner, in which final judgment has been delivered. It is expected from the District Collector & District Magistrate, Hanumangarh that at the time of deciding application of the petitioner for renewal of the licence, he will peruse Section 14 of the Arms Act and will pass an appropriate order in accordance with law after providing opportunity of hearing to the petitioner within a period of one month from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-