- 1 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24535 OF 2024 (GM-RES) BETWEEN: SRI MARAPPA, S/O RAJAPPA, AGED ABOUT 46 YEARS, R/AT RAMAPURA VILLAGE, HANUR TALUK, CHAMARAJANAGAR DISTRICT-571 444. …PETITIONER (BY SRI PRAVEEN S, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. ITS ADDL. CHIEF SECRETARY, INTERNAL ADMINISTRATION DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560 001. …RESPONDENT (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS AS PER THE IMPUGNED ORDERS OF THE RESPONDENT IN ANNEXURE-G BEARING NO. HD 120 KAA 2020 DATED 18.10.2022 AND DIRECT THE RESPONDENT TO ALLOW THE PETITIONER'S APPLICATION IN ANNEXURE H DATED 22.05.2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; 1) "Issue writ in the nature of mandamus as per the impugned orders of the Respondent in Annexure- G Bearing No. HD 120 KAA 2020 dated 18.10.2022 and direct the Respondent to allow the Petitioner's application in Annexure-H dated 22.05.2023. 2) Pass such other orders or directions in favour of the Petitioner that this Hon'ble Court deems fit in the interest of justice and equity." 2. The Petitioner being an Ex-Serviceman with the Border Security Force, had obtained an Arms Licence within the State of Karnataka. Subsequently, the Petitioner, having retired from service, is now based in Gujarat and has joined a Company in Gujarat as an Executive Protection Officer. In pursuance thereof, the licence has been issued by the Deputy Commissioner for holding a NPB Pistol in terms of Annexure-E which is in force till 31.12.2024. The - 3 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 Petitioner made an application to the Respondent for extension of area of validity of the licence on all India basis from that as given as Karnataka State. The said application having been rejected by the Respondent vide order dated 18.10.2022, the petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned counsel for the Petitioner, by relying on Rule 19 of the Arms Rules, 2016, submits that the Respondent could extend the condition of the Licencing Authority to extend the Area Validity as a condition issued by Licencing Authority and as such, he submits that the Respondent ought to have considered the said application. 4. Rule 19 of the Arms Rules, 2016 is reproduced hereunder for easy reference: “19. Extension of area validity of licence:- (1) On receipt of an application from a licensee holding a licence in Form III, the licensing authority may extend the area of validity specified in his licence, if he is satisfied about the need of such extension subject to the condition that the licensing authority has the power to - 4 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 grant a licence in relation to the area to which extension is being sought. (2) The application for extending the area validity for whole of India may be granted by the licensing authority as specified in column (5) of Schedule II, in respect of the following category of licensees, namely:- (a) Union Ministers or Members of Parliament; (b) Personnel of Defence Forces and Central Armed Police Forces; (c) Officers of All-India Services; (d) Officers in the Government or Government Sector Undertakings or Public Sector Undertakings with liability to serve anywhere in India; (e) Dedicated sports persons and the sports persons specified in serial numbers (1) to (4) of the table in sub- rule (2) of rule 40. (3) In other cases, where the licensing authority is satisfied that the nature of business or profession of the applicant requires him to carry arm or arms frequently beyond the existing jurisdiction and such a requirement may not be met by the issuance of a journey licence in Form XI of these rules, the application for extending the area validity for whole of India may be granted by the licensing authority specified in column (5) of Schedule II to the applicant. (4) The Area validity granted under sub-rule (3) shall not terminate with the validity period of the licence and the renewing authority shall not vary the area validity at the time of renewal of licence: Provided that where in any case, the renewing authority on the basis of some material evidence, is satisfied that area validity for the whole of India is not required anymore, it may send the recommendations to the licensing authority concerned for review of the area validity.” - 5 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 5. A perusal of Rule 19 of the Arms Rules, 2016 indicates that the Licencing Authority may extend the area validity specified in the licence, if he is satisfied that the need of such an extension of the condition issued by Licencing Authority is to be done, and for that purpose, the nature of the business or profession of the applicant requiring him to carry arm or arms frequently beyond the existing jurisdiction, and such a requirement would have to be considered by Licencing Authority. Admittedly, the petitioner in the present matter is based in Gujarat and is employed with a Company based out of Gujarat and is engaged as an Executive Protection Officer for his employer based out of Gujarat. 6. For the purpose of ascertaining compliance with Sub- Rule 2 of Rule 19 of the Arms Rules, 2016, an enquiry is required to be held by Licencing Authority to ascertain the nature of the business or profession and the requirement for extension of the validity. The - 6 - HC-KAR NC: 2025:KHC:41831 WP No. 24535 of 2024 same, in my considered opinion, cannot be done by the Licencing Authority based out of Karnataka when the Petitioner is based out of Gujarat. Hence I do not find any infirmity in the said order. Reserving liberty to the Petitioner to file a fresh application for a grant of licence in the State of Gujarat, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 80