- 1 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108018 OF 2025 (GM-RES) BETWEEN: RAJSHEKAR I SAVADATTI AGE. 65 YEARS, OCC. ADVOCATE R/O. RAMNAGAR-1, “MATHOSHREE” OPP. VANITA SEVA SAMAJ DHARWAD-580 001. …PETITIONER (BY SMT. POOJA SAVADATTI, ADVOCATE FOR SRI. CHETAN KULKARNI, ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE HUBLI-DHARWAD, NAVANAGAR,HUBBALLI DIST. DHARWAD-580 025. 2. THE TOWN POLICE STATION R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. TO QUASH THE IMPUGNED NOTICE/ENDORSEMENT DATED 23.07.2025 AT ANNEXURE-M ISSUED BY THE RESPONDENT NO.1. 2. TO ISSUE DIRECTIONS TO THE COMPETENT AUTHORITY TO PASS APPROPRIATE ORDERS ON THE APPLICATION OF THE RENEWAL OF THE LICENSE AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The Petitioner is before this Court seeking the following reliefs: a. “To Quash the impugned Notice/Endorsement dated 23.07.2025 at Annexure-M issued by the Respondent No.1. b. To issue directions to the competent authority to pass appropriate orders on the application of the renewal of the license as deemed fit in the circumstances of the case. c. To issue such other reliefs or directions which deems fit to the circumstances of this case in the interest of justice and equity.” 2. Heard Smt. Pooja Savadatti, learned counsel for the Petitioner and Sri T. Hanumareddy, learned AGA for Respondent Nos. 1 and 2. 3. The Petitioner was granted an arms license in the year 1998 after inspection and training conducted in accordance with law. The Gun license was issued on 12.09.1998 for the purpose of protection of the petitioner and his family. It was renewed from time to time for every five-year period, and the last renewal was done in the year 2017. In 2024, the Petitioner submitted another application seeking renewal of the license, - 3 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 which came to be rejected on certain grounds. The ground for rejection was that the Petitioner's son had been embroiled in Crime No.134/2019 and that there was no threat to the life of the petitioner warranting renewal of the license. 4. Learned counsel appearing for the Petitioner submits that the license ought to have been renewed, as it had been renewed without interruption from 1998 to 2017. The only circumstance under which the license was not renewed thereafter was the surrender of the weapon on account of the registration of Crime No.134/2019 and no threat to the life of the petitioner. 5. Learned counsel for the Petitioner further submits that the investigation in Crime No.134/2019 has been quashed by this Court in terms of its order 26.03.2024 in WP No.101496 of 2021. The weapon seized at the time of the registration of the crime has not yet been released, notwithstanding the order of quashment of the crime having attained finality. After the quashment of the crime, the Petitioner has submitted another application seeking renewal of the license which comes to be rejected. The rejection of the application, according to the learned counsel, is on the face of it contrary to law. - 4 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 6. Learned AGA places reliance only on the order of rejection, wherein the grounds assigned are that there is no life threat to the petitioner and that the weapon was surrendered pursuant to communications dated 22.11.2019 and 23.11.2019 owing to the Petitioner’s son being embroiled in Crime No.134/2019. The learned AGA further submits that the crime is pending against the other accused due to which the license can not be renewed. 7. I have given my anxious consideration to the submissions made by the learned counsel for the parties and perused the records. 8. The afore-narrated facts are not in dispute. The only issue for consideration is whether the Petitioner's arms license should be directed to be renewed or otherwise. 9. As observed hereinabove, the sole objection projected in the statement of objections filed by the State is the son of the Petitioner getting embroiled in a crime, where the weapon was directed to be surrendered. That crime, however, has been obliterated by this Court in W.P. No.101496 of 2021. While disposing of the said petition, there is no direction given by - 5 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 this Court that the arms license of the petitioner should not be renewed. 10. After the obliteration of the said crime against the son of the Petitioner, the Petitioner files an application seeking renewal of his gun license, which comes to be rejected in terms of the following order dated 23.07.2025: “£ÉÆAzÁ¬ÄvÀ CAZÉ ªÀÄÆ®PÀ: ºÉZÀÄѪÀj f¯ÁèzÀAqÁ¢üPÁjUÀ¼ÀÄ ¸ÀA.¹¦/JªÉÄf-1/DªÀÄìð/103/2021-22 ªÀÄvÀÄÛ ¥Éǰøï DAiÀÄÄPÀÛ gÀªÀgÀ PÀbÉÃj. ºÀħâ½î-zsÁgÀªÁqÀ £ÀUÀgÀ. ¢£ÁAPÀ:23-07-2025. »A§gÀºÀ «µÀAiÀÄ: DAiÀÄÄzsÀ ¯ÉʸÀ£ïì ¸ÀASÉå.J¸ï.¦.J¯ï/409/r.n.J£ï.£ÉÃzÀÝ£ÀÄß ªÀÄÄA¢£À CªÀ¢üUÉ £À«ÃPÀj¸ÀĪÀ PÀÄjvÀÄ G¯ÉèÃR: 1) ¯ÉʸÀ£ïìzÁgÀgÀ ªÀĪÀ¤ ¢£ÁAPÀ: 05-08-2024. 2)¦L ±ÀºÀgÀ ¦J¸ï, zsÁgÀªÁqÀ gÀªÀgÀ ªÀgÀ¢ ¸ÀASÉå:23/2025 ¢£ÁAPÀ:08-01-2025 & 395/2025 ¢£ÁAPÀ: 23-03-2025. 3)J¹¦ zsÁgÀªÁqÀ ±ÀºÀgÀ G¥À«¨sÁUÀ gÀªÀgÀ ªÀgÀ¢ ¸ÀASÉå:155/25 ¢£ÁAPÀ:10-1-25 & 575/2025 ¢£ÁAPÀ: 01-04-2025. 4)r¹¦ PÁ & ¸ÀÄ ºÀÄ-zsÁ gÀªÀgÀ µÀgÁ ¸ÀASÉå:82/25 ¢£ÁAPÀ:22-4-25. ***** ¤ÃªÀÅ DvÀä ¸ÀAgÀPÀëuÉUÁV DAiÀÄÄzsÀ ¯ÉʸÀ£ïì ¸ÀASÉå J¸ï.¦.J¯ï/409/r.n.J£ï £ÉÃzÀÝgÀrAiÀÄ°è r.©.©.J¯ï. DAiÀÄÄzsÀªÀ£ÀÄß ºÉÆA¢zÀÄÝ, ¢£ÁAPÀ:30-06-2020 gÀAzÀÄ ¹AzsÀÄvÀé CªÀ¢ü ªÀÄÄPÁÛAiÀĪÁVzÀÄÝ ªÀÄÄA¢£À CªÀ¢üUÉ DAiÀÄÄzsÀ ¯ÉʸÀ£ïì C£ÀÄß £À«ÃPÀj¸À®Ä «£ÀAw¹ F PÀbÉÃjUÉ ªÀÄ£À«AiÀÄ£ÀÄß ¸À°è¹gÀÄwÛÃj. F PÀÄjvÀÄ ªÀÄ£À«AiÀÄ£ÀÄß ¥Àj²Ã°¸À¯Á¬ÄvÀÄ, ¤ªÀÄUÉ AiÀiÁªÀÅzÉà fêÀ ¨ÉzÀjPÉ EgÀĪÀÅzÀÄ PÀAqÀħA¢gÀĪÀÅ¢®èªÁzÀÝjAzÀ, ¤ªÀÄä DAiÀÄÄzsÀ ¯ÉʸÀ£ïì C£ÀÄß ªÀÄÄA¢£À CªÀ¢üUÉ £À«ÃPÀj¸ÀĪÀAvÉ ¸À°è¸À¯ÁVgÀĪÀ ªÀÄ£À«AiÀÄ£ÀÄß wgÀ¸ÀÌj¸À¯ÁVzÉ. DzÀÝjAzÀ ¤ªÀÄä DAiÀÄÄzsÀ ¯ÉʸÀ£ïì zÀ°ègÀĪÀ r.©.©.J¯ï. DAiÀÄÄzsÀªÀ£ÀÄß ¸ÀA§AzsÀ¥ÀlÖ ¥Éǰøï oÁuÉAiÀÄ°è dªÀiÁ ªÀiÁqÀ®Ä ¸ÀÆa¸À¯ÁVzÉ. ºÉZÀÄѪÀj f¯Áè-¥ÀAqÁ¢üPÁjUÀ¼ÀÄ ªÀÄvÀÄÛ ¥Éǰøï DAiÀÄÄPÀÛgÀÄ, ºÀħâ½î-zsÁgÀªÁqÀ £ÀUÀgÀ” (Emphasis applied) - 6 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 The Petitioners application is rejected solely on the score that there is no threat to the life of the Petitioner. 11. At this juncture, it becomes apposite, to refer to Section 15 of the Arms Act, 1959 (hereinafter referred to as the ‘Act’ for short) which provides for renewal of a license: “15. Duration and renewal of licence.—(1) A licence under Section 3 shall, unless revoked earlier, continue in force for a period of five years from the date on which it is granted: Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period: Provided further that the licence granted under Section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of Section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed. (2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine. (3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of Sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.” (Emphasis supplied) - 7 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 Sub-section (3) of Section 15 states that, Sections 13 and 14 of the Act would be applicable to the renewal of the license. Sections 13 and 14 of the Act read as follows: “13. Grant of licences.—(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2-A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same: Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report. (3) The licensing authority shall grant— (a) a licence under Section 3 where the licence is required— (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or (ii) in respect of a firearm to be used for target practice by a member of a rifle club or rifle - 8 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 association licensed or recognised by the Central Government; (b) a licence under Section 3 in any other case or a licence under Section 4, Section 5, Section 6, Section 10 or Section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same. 14. 14. Refusal of licences.—(1) Notwithstanding anything in Section 13, the licensing authority shall refuse to grant— (a) a licence under Section 3, Section 4 or Section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition; (b) a licence in any other case under Chapter II,— (i) where such licence is required by a person whom the licensing authority has reason to believe— (1) to be 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 (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. (3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person 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. (Emphasis supplied) - 9 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 12. Section 13 provides for the procedure for grant of license and Section 14 provides for the refusal of grant of license and also enumerates the grounds under which such a license can be refused. Lack of threat to the life of the Petitioner or pendency of a criminal case against the other accused are not grounds, on the basis of which, a license can be refused under Section 14 of the Act. The said grounds cannot be the reasons to detain the weapon belonging to the Petitioner, who is the father of one of the accused, without any justification, especially when the son of the petitioner has been obliterated from the said crime by an order of this Court. 13. Further, a license granted under Section 13 of the Act would continue to be in subsistence for the period that it is granted and any revocation of such license can only be made in terms of the conditions obtained under Section 17 of the Act which reads as follows: “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. - 10 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 (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 public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or (d) if any of the conditions of the licence has been contravened; or (e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver up the licence. (4) The licensing authority may also revoke a licence on the application of the holder thereof. (5) 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. - 11 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 (6) 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. (7) 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. (8) 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. (9) 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 throughout India or any part thereof. (10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation” (Emphasis supplied) 14. The order rejecting the Petitioners application is not an order revoking the Petitioners gun license in terms of Section 17 of the Act. The reasons provided for refusal of renewal of the gun license too, are not grounds which can be taken under Section 17(3) of the Act. - 12 - HC-KAR NC: 2025:KHC-D:15904 WP No. 108018 of 2025 15. Therefore, in light of the aforesaid reasons the order impugned cannot be sustained and deserves to be quashed and the petition deserves to succeed. Accordingly, the following: ORDER i. The Writ petition is allowed. ii. The impugned notice/endorsement dated 23.07.2025 at Annexure–M issued by respondent No.1 is quashed. iii. The competent authority shall reconsider the application of the petitioner seeking renewal of the license and shall pass necessary orders in accordance with law, bearing in mind the observations made in the course of this order, within an outer limit of 12 weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 40