DEVENDRASINH JUWANSINH JETHVA vs. STATE OF GUJARAT

SCA/6610/2018HC GujaratGJHC24024238201801 August 2019Bench: HONOURABLE MR. JUSTICE A.Y. KOGJE4 pages

AI SummaryRemanded

What did the High Court hold?

The High Court quashed and set aside the order dated March 6, 2018, by the Joint Secretary and the order dated April 4/9, 2014, by the District Magistrate. The Court found that the rejection orders were based on insufficient reasons, reiterating the grounds of online banking, cheque payments, and the petitioner's income, without adequately addressing the petitioner's stated need for self-defense and the positive reports from the Mamlatdar and DSP. The Court noted that the election-related ground was now moot. The petitioner was permitted to make a fresh application within two weeks, which the District Magistrate was directed to consider afresh within two months, granting an opportunity of hearing. The principle is that administrative authorities must provide cogent and relevant reasons for rejecting applications for essential licenses, considering all submitted evidence and circumstances.

What were the facts?

The petitioner, Devendrasinh Juwansinh Jethva, filed a Special Civil Application challenging an order dated March 6, 2018, by the Joint Secretary, Home Department (Appeals), which confirmed an order dated April 4/9, 2014, by the District Magistrate, Kutch-Bhuj. These orders rejected the petitioner's application for a firearm license. The petitioner, an agriculturist and a Class 'E-1' contractor, sought the license for self-defense due to carrying large amounts of cash for labor and suppliers and having received threats. He claimed positive opinions from the Mamlatdar and DSP. The rejection was based on insufficient reasons, availability of online banking/cheques, an income of Rs. 3,95,786/- for FY 2013-14, and the upcoming Lok Sabha elections.

What were the issues?

1. Whether the rejection of the firearm license application by the District Magistrate and confirmed by the Joint Secretary was based on irrelevant considerations and lacked sufficient reasons, thereby violating principles of natural justice and administrative law. Assessee's Contention: The petitioner argued that the rejection was based on irrelevant grounds such as the availability of online banking and cheques, and the income level, while ignoring his genuine need for self-defense due to his profession and threats received. He also highlighted positive reports from local authorities and that the election-related ground was no longer applicable. The petitioner relied on the fact that he had no criminal record. Revenue's Contention: The respondent (State of Gujarat) opposed the petition, reiterating the grounds for rejection: insufficient reasons, availability of alternative payment methods, and the petitioner's income, suggesting these were valid considerations for denying the license.

AI-generated summary — verify with the full judgment below

C/SCA/6610/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6610 of 2018 ================================================================ DEVENDRASINH JUWANSINH JETHVA Versus STATE OF GUJARAT & 2 other(s) ================================================================ Appearance: MR ASHISH H SHAH(2142) for the Petitioner(s) No. 1 MR AJ JADEJA, AGP for the Respondent(s) No. 1,2,3 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 01/08/2019

ORAL ORDER 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. 2. Learned Advocate for the petitioner submitted that the petitioner is an agriculturist and possesses agriculture lands at various villages in Abdasa and Anjar Talukas of Kutch District. It is submitted that the petitioner is also “E-1” Class contractor and is doing contract works for various authorities of the Government Page 1 of 4

C/SCA/6610/2018 ORDER 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. 2.1 It 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. 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 Page 2 of 4

C/SCA/6610/2018 ORDER the petitioner for the year 2013-14, his annual income appears to be only Rs.3,95,786/-, this petition should not be entertained. 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. 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 Page 3 of 4

C/SCA/6610/2018 ORDER 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. 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. 7. With the aforesaid, the petition stands disposed of. Direct service is permitted. (A.Y. KOGJE, J) SHITOLE Page 4 of 4

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