Whether this case involves a substantial question v. STATE OF GUJARAT & 1
Case at a glance
Outcome
Disposed of
present Special Civil Applications are disposed of
Provisions considered
Key paragraphs
- Para 33. As and when such applications are filed, the competent authority is directed to consider those applications afresh for issuance of licences to possess arms in accordance with law and on merits, and after holding necessary enquiry as required under Section 13 of the Arms…
Judgment
HONOURABLE MR.JUSTICE M.R. SHAH ============================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 4 5 Whether it is to be circulated to the civil judge ? ============================================================== INDRAVIJAY SINGH MANUBHAI RANA - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ============================================================== Appearance : MR MB GANDHI for Petitioner(s) : 1, Ms. Archana Raval, AGP for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ================================================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 24/11/2005 COMMON ORAL JUDGMENT In this group of petitions, respective petitioners have challenged the orders passed by the District Magistrate, Surendranagar, and confirmed by SCA/5911/2003 JUDGMENT the Deputy Secretary (Appeals), Home Department, State of Gujarat, in not renewing the licences which were granted in their favour to possess the weapons which were granted under the provisions of the Arms Act, 1959.
Shri M.B. Gandhi, learned advocate appearing on behalf of the respective petitioners has submitted that the impugned decisions were given in the year 2002 considering the circumstances/situation prevalent at the relevant time and things have changed by passage of time. He has further submitted that respective petitioners would be making an appropriate application for grant of the licences afresh which may be directed to be considered in accordance with law and considering the provisions of Section 13 of the Arms Act, 1959.
Operative part
As and when such applications are filed, the competent authority is directed to consider those applications afresh for issuance of licences to possess arms in accordance with law and on merits, and after holding necessary enquiry as required under Section 13 of the Arms Act and the opinion of the concerned authorities prevailing as on today. However, it is made clear that it is ultimately for the competent authority to consider the applications for granting of licence under the Arms Act after holding necessary enquiry under Section 13 of the Act and on the basis of the material and/or the report of SCA/5911/2003 JUDGMENT the concerned department/authority. This Court has not expressed any opinion on the merits, i.e., whether licence should be granted in favour of the petitioners or not. However, the said authority is directed to consider the application afresh as stated above. With this observation and direction, the present Special Civil Applications are disposed of. Rule is discharged. RMR. [ M.R. Shah, J. ]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present Special Civil Applications are disposed of
Which statutory provisions did this judgment involve?
Constitution of India; Arms Act, 1959 — s. 13.
Which court decided this case, and when?
Gujarat High Court, on 24 Nov 2005. The bench was M R SHAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.