- 1 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21471 OF 2025 (GM-RES) BETWEEN: SRI. L. SONNE GOWDA AGED ABOUT 73 YEARS, SON OF LATE PATEL LAKSHMAN REDDY, POMBARAHALLI VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT - 563 127. &PETITIONER (BY SRI. P.B. RAJU, ADVOCATE) AND: THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, MULBAGAL ROAD, NH-75, KOLAR - 563 101. &RESPONDENT (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH THE ORDERS DTD 16.12.2024 BEARING COMP. NO. 550672 FILE NO. DCK- JHMUOMAG3/417/2024-JHM PASSED BY THE RESPONDENT AT ANNX-A AND ETC., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondent. 2. The petitioner is before the Court seeking for the following reliefs: a. Be pleased to issue a writ of certiorari or any other appropriate writ or direction to quash the orders dated 16.12.2024 bearing Comp No. 550672 File No. DCK-JHMUOMAG3/417/2024-JHM passed by the Respondent at ANNEXURE - 'A'. b. Be pleased to issue a Writ of Mandamus or any other appropriate writ or direction, directing the Respondent to allow the renewal application dated 27.11.2024 filed by the petitioner and renew the license held by the petitioner at ANNEXURE - C. c. Be pleased to grant/pass such other orders or directions in favour of the petitioner in the circumstances of the case. 3. The petitioner was serving as a Deputy Commissioner earlier and had obtained the arms license in the year 1995, valid up to 31.12.2024. 4. The petitioner made an application in Form-A3 on 27.11.2024 for the renewal thereof, accompanied by a - 3 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 fitness certificate issued by the Family Health Centre. The impugned order dated 18.12.2024 vide Annexure A, came to be rejected under Section 17(3) of Arms Act, 1959 (hereinafter referred to as 'the Act' for short) on the ground that the petitioner was aged 73 years. Section 17 of the Arms Act, 1959, is reproduced hereunder for easy reference: "17. Variation, suspension and revocation of licences (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice. (2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed. (3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence, (a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or - 4 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 (4) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. (5) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority. (6) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence: Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void. (7) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision. (8) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act thought India or any part thereof." 5. Perusal of Section 17(3) of the Act indicates that the licensing authority, by order in writing can suspend a licence for such period as she thinks fit, subject to clause- (a) to (e) thereof being satisfied. Necessarily, the same would require an enquiry to be held before an order under Section 17(3) of the Act could be passed. In the present - 5 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 matter, the order at Annexure-A has been passed without holding any enquiry. 6. Learned Additional Government Advocate at the stage on instructions submits that the reason for the same being that the fitness certificate which has been issued by the Family Health Centre and not by the District Surgeon. If a fitness certificate is submitted by the petitioner, issued by the District Surgeon, the same would be considered and appropriate orders passed, if necessary by conducting an enquiry under Section 17(3) of the Act. 7. The said submission answers the grievance of the petitioner. 8. Placing the said submission on record, I pass the following: ORDER i. Writ petition is allowed. ii. The impugned order dated 18.12.2024 vide Annexure A, is quashed. iii. The Petitioner is permitted to furnish the fitness certificate issued by the District Surgeon, once the said certificate is furnished, - 6 - HC-KAR NC: 2025:KHC:50745 WP No. 21471 of 2025 respondents are directed to consider the same within four weeks thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE rv List No.: 1 Sl No.: 4