Rajasthan High Court: Vijay Bishnoi, J. held the appeal filed by District Magistrate before Divisional Commissioner under Section 18 of Arms Act, 1959 challenging the issuance of arms license in favour of the petitioner who was the holder of license, as non — maintainable.
The petitioner applied for an arms license before the District Magistrate, Banswara and was issued the same on 22-12-2016. The District Magistrate, thereafter, preferred an appeal under Section 18 of Arms Act, 1959 before the Divisional Commissioner with the prayer to cancel the arms license issued in favour of the petitioner.
The Divisional Commissioner vide impugned judgment cancelled the license issued in favour of the petitioner mainly on the ground that on 22-12-2016, the District Magistrate, Banswara was on leave and the charge was given to the Chief Executive Officer of the Zila Parishad, Banswara, however, he was not authorized to issue an arms license and, as such, the license issued in favour of the petitioner is by an unauthorized person, therefore, the same is illegal and liable to be cancelled.
Counsel for petitioner submitted that the appeal preferred on behalf of the District Magistrate, Banswara before the Divisional Commissioner under Section 18 of Arms Act, 1959 was not at all maintainable as it can only be filed by a person, who is aggrieved by the order of the licensing authority refusing to grant a license or varying the conditions of a license or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a license.
The Court noted that a bare perusal of Section 18 Arms Act, 1959 clearly reveals that any person can file appeal under the said provision being aggrieved with the action of the licensing authority of refusing to grant a license or varying the condition of license or against the order of suspension or revoking of license. There is no provision where appeal can be entertained under Section 18 of the Arms Act against the order of issuance of arms license.
Thus, the appeal filed by the District Magistrate before the Divisional Commissioner, Udaipur under Section 18 of Arms Act, 1959 challenging the issuance of arms license in favour of the petitioner was not maintainable.
The Court directed the respondents to return arms license to the petitioner and directed the competent authority to take appropriate action under the provisions of Arms Act, 1959 after providing opportunity of hearing for the petitioner, if deem fit.
[Ramesh Chandra Patel v. State of Rajasthan, 2022 SCC OnLine Raj 1209, decided by 05-08-2022]
Advocates who appeared in this case :
Mr. Lakshya Singh Udawat, Advocate, for the Petitioner(s);
Mr. R.D. Bhadu, Dy.GC and Mr. Harshit Bhurani, Advocates, for the Respondent(s).
*Arunima Bose, Editorial Assistant has reported this brief.
