Allowed

Devendrasinh Juwansinh Jethva v. State of Gujarat

Gujarat HC1 Aug 2019SCA/6610/2018

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed a Special Civil Application challenging the rejection of a firearm licence. Quashing the District Magistrate's and Joint Secretary's orders, the court set aside the rejection and directed a fresh consideration within two months.

What did the court decide?

Quashing of impugned orders; direction to allow fresh application within two weeks and consideration within two months after hearing.

Devendrasinh Juwansinh Jethva Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2019)

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C/SCA/6610/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6610 of 2018

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================================================================ DEVENDRASINH JUWANSINH JETHVA

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Versus

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STATE OF GUJARAT & 2 other(s)

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================================================================ Appearance:

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MR ASHISH H SHAH(2142) for the Petitioner(s) No. 1 MR AJ JADEJA, AGP for the Respondent(s) No. 1,2,3

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================================================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 01/08/2019

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ORAL ORDER

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1.This petition is filed under Article 226 of the
Constitution of India challenging order dated 06.03.2018
passed by the Joint Secretary, Home Department (Appeals)
in Arms Appeal No.216 of 2014, whereby order dated
04/09.04.2014 passed by the District Magistrate, Kutch-
Bhuj came to be confirmed. The subject matter pertains
to the grant of firearm license which came to be rejected
by the impugned orders.

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2.Learned Advocate for the petitioner submitted
that the petitioner is an agriculturist and possesses

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agriculture lands at various villages in Abdasa and Anjar
Talukas of Kutch District. It is submitted that the

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petitioner is also “E-1” Class contractor and is doing
contract works for various authorities of the Government

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Page 1 of 4

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C/SCA/6610/2018 ORDER

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of Gujarat. It is submitted that due to nature of his
work, the petitioner has to travel with huge amount of
cash for payment to labour and other suppliers. It is
submitted that the petitioner has also received threats
and there is all likelihood of the petitioner getting
robbed or some untoward incident happening to the
petitioner and therefore, for self-defence, firearm
licence was applied for. It is submitted that there are
positive opinions from the Mamlatdar as well as DSP,
Kutch.

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2.1It is submitted that that the rejection of the
firearm license is based on irrelevant consideration as
the firearm application license came to be refused on the
ground that there are no sufficient reasons mentioned;
that there is facility of on-line banking and payment can
also be made through cheque; that looking to income tax
return of the petitioner for the year 2013-14, his annual
income appears to be only Rs.3,95,786/- and that looking
to ensuing Loksabha General elections, the application
cannot be granted.

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3.Learned AGP opposes the grant of petition
contending that when the authorities have found that
there are no sufficient reasons mentioned, there is
facility of on-line banking and payment can also be made
through cheque and that looking to income tax return of

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Page 2 of 4

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C/SCA/6610/2018 ORDER

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the petitioner for the year 2013-14, his annual income
appears to be only Rs.3,95,786/-, this petition should
not be entertained.

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4.Having considered the rival submissions of the
parties and having perused the documents on record, it
appears that the petitioner had made an application for
firearm license before the License Issuing Authority i.e.
District Magistrate, Kutch-Bhuj. The order passed by the
License Issuing Authority dated 04/09.04.2014 would
indicate that the application of licence is rejected on
the ground that there are no sufficient reasons
mentioned; that there is facility of on-line banking and
payment can also be made through cheque; that looking to
income tax return of the petitioner for the year 2013-14,
his annual income appears to be only Rs.3,95,786/- and
that looking to ensuing Loksabha General elections, the
application cannot be granted. Other than this, there
are no reasons mentioned for rejection the application
for firearm licence. Consequentially, order dated
06.03.2018 passed by the Joint Secretary, Home Department
in Arms Appeal No.216 of 2014 also reiterates the
findings given by the License Issuing Authority.

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5.Moreover, the petitioner has produced number of
documents showing his income and details of contracts
which he has received. There are also positive opinions

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Page 3 of 4

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C/SCA/6610/2018 ORDER

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from the Mamlatdar as well as DSP, Kutch and now General
Loksabha elections are also over. It also appears that
the petitioner is never involved in any kind of criminal
activities.

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6.In view of the aforesaid, order dated
06.03.2018 passed by the Joint Secretary, Home Department
(Appeals) in Arms Appeal No.216 of 2014 and order dated
04/09.04.2014 passed by the District Magistrate, Kutch-
Bhuj are quashed and set aside. It is open for the
petitioner to make a fresh application with necessary
documents to the License Issuing Authority within period
of two weeks from today. The District Magistrate shall
consider such application afresh, in accordance with law
and after granting an opportunity of hearing to the
petitioner within period of two months therefrom.

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7.With the aforesaid, the petition stands

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disposed of.

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Direct service is permitted.

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SHITOLE

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Page 4 of 4

Devendrasinh Juwansinh Jethva v. State of Gujarat

Case brief

What is this about?

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Devendrasinh Juwansinh Jethva v. State of Gujarat

Case brief

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