- 1 - HC-KAR NC: 2025:KHC-D:12322 WP No. 101951 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101951 OF 2025 (GM-RES) BETWEEN: 1. ELISH S/O. SAMUEL GUNDIMI, AGE: 55 YEARS, OCC. CIVIL CONTRACTOR, R/O. ANAND JYOTI BUILDING, BASEL MISSION COMPOUND, HOSA ONI,HUBLI- 29. 2. SAMUEL S/O. ANAND GUNDIMI AGE: 85 YEARS, OCC. AGRICULTURIST, R/O. LANAND JYOTI BUILDING, BASEL MISSION COMPOUND, HOSA ONI, HUBLI- 29. …PETITIONERS (BY SRIYUTHS. CHETAN KULKARNI AND VINAYAK BHAT, ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD- 580001. 2. THE COMMISSIONER OF POLICE DHARWAD DISTRICT, NAVANGAR- 580025. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12322 WP No. 101951 of 2025 THIS WRIT PETITION IS FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO; I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 20.06.2024 BEARING NO.CP/MAG-1/ARM/163/2022 VIDE ANNEXURE-E PASSED BY RESPONDENT NO.2 IN THE INTEREST OF JUSTICE AND EQUITY; 2) ISSUE A WRIT IN NATURE OF MANDAMUS OR ISSUING DIRECTIONS TO THE RESPONDENTS CONSIDERING THE REPRESENTATION MADE BY THE PETITIONERS VIDE ANNEXURE-D AND D1 DATED 18.04.2022 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari quashing the order dated. 20.06.2024 bearing No.CP/MAG-1/ARM/163/2022 vide Annexure-E passed by respondent No.2 in the interest of justice and equity. ii. Issue a writ in nature of mandamus or issuing directions to the respondents considering the representation made by the petitioners vide Annexure-D and D1 dated 18.04.2022. iii. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity 2. The criminal proceedings in Criminal Case No.303/2012 had been registered against the - 3 - HC-KAR NC: 2025:KHC-D:12322 WP No. 101951 of 2025 petitioners for offences punishable under Sections 143 of the IPC, Section 25(1)(b) of the Arms Act, Section 24(j) of the Forest Act, Section 51(1) of the Wildlife (Protection) Act, 1972 and Section 511 of IPC R/w. Section 149 of IPC. At that time, arms and ammunition of the petitioners had been seized and the licence in respect of the said arms was cancelled. 3. Subsequently, upon trial, on 01.09.2017, the Principal Civil Judge and JMFC, Hubballi, acquitted the petitioners and directed release of the properties seized by the police officials. Despite the said order, the release not having occurred, the petitioner had submitted a representation on 18.04.2022 and 19.04.2022. Respondent Nos.1 and 2 replied to the said representations on 20.06.2024, declining to renew the licence on the ground that the licence had been cancelled in the year 2010 and after a lapse of 2 years thereafter, it cannot be so renewed. It is - 4 - HC-KAR NC: 2025:KHC-D:12322 WP No. 101951 of 2025 challenging the same that the petitioners are before this Court. 4. The seizure of the arms and ammunition having been made in terms of the proceedings initiated against the petitioner, as regards which the charge sheet in C.C. No.303/2012 having been laid, the same has ended in acquittal of the petitioners. Since the proceedings were pending, the question of the petitioners seeking any renewal of the licence within 2 years would not arise, since the cancellation occurred in the year 2010 and acquittal occurred in the year 2017. 5. Be that as it may, the petitioners have been acquitted of the offences alleged against them, which has attained finality inasmuch as no appeal has been filed. Such being the case, it was required of the respondents to have returned the arms which had been seized from the petitioners in terms of the directions issued by the Court on 26.08.2021. - 5 - HC-KAR NC: 2025:KHC-D:12322 WP No. 101951 of 2025 6. Insofar as renewal of the licence is concerned, the renewal application was required to be considered afresh, without reference to the cancellation of the year 2010, since the reason for the cancellation no longer survives on account of the acquittal of the petitioners. As such, I pass the following: ORDER i. Writ petition is allowed. ii. Certiorari is issued, the order dated 20.06.2024 passed by respondent No.2 vide Annexure-E, is quashed. iii. The matter is remitted to the respondents for fresh consideration of the representation of the petitioner dated 18.04.2022, without reference to the seizure and/or the cancellation made in the year 2010, by taking into account the acquittal made on 01.09.2015. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT: PA List No.: 1 Sl No.: 58