- (1.)With consent of the parties heard finally. The present writ petition has been preferred by the petitioner challenging the order dated 20/08/2014 (Annexure P/1) passed by the Commissioner, Gwalior Division, Gwalior and order dated 04/10/2013 (Annexure P/2) passed by the Collector, District Magistrate, Shivpuri respectively. By passing of the order dated 04/10/2013 (Annexure P/2), the licence to retain arms (N.P. 315 - bore rifle) has been revoked on the ground mentioned in the order. In appeal preferred by the petitioner before the Commissioner, Gwalior Division, Gwalior, the order dated 04/10/2013 (Annexure P/2) passed by the District Magistrate, Gwalior has been affirmed.
(2.)The petitioner is an old lady and she has arm's licence of N.P.315 -bore rifle vide Arms licence No.131/05/III/DM/, which was granted to her by the District Magistrate, Shivpuri in the year 2005. She was having weapon in pursuance to the said licence. According to the petitioner/licencee, she has retained this arms due to her political animosity and rivalry. Because of her complaint filed against Shri K.C. Chauhan, Station House Officer, a false recommendations has been made by him to the District Magistrate, Shivpuri for cancellation of the licence of the petitioner. In pursuance to the said recommendations, the arm's licence has been revoked by the District Magistrate, Shivpuri and the Commissioner, Gwalior Division, Gwalior has rejected the appeal preferred by the present petitioner against such rejection order. According to the petitioner, the orders under challenge are arbitrary, illegal and are liable to be set aside. Main thrust of the petitioner is that neither she, nor her family members have ever misused the said arm's licence.
(3.)Per contra, learned counsel for the respondents/State vehemently opposed the contents of the petition and has drawn the indulgence of this Court over the pleadings in the return. Para -2 of the return incorporates the course of events and suggests that the husband of petitioner namely - Jagahhath Rawat is a habitual offender, against whom, at present, seven cases are registered at Police Station Sihora. Before passing the impugned order, a report was called from the Superintendent of Police, Shivpuri, who on 29/06/2013 has submitted a report and mentioned this fact in the report. The report further contends that the petitioner has four sons, who all are of criminal nature and background against whom also, various cases have been registered at Police Station, Sihora. It is also, submitted that the petitioner is an old lady, who cannot use or maintain the arms but the said arm's licence would be misused by her family members (as some of them are of criminal nature). According to the respondents, after affording due opportunity of hearing to the petitioner, the impugned orders have been passed, therefore, the impugned orders dated 20/08/2014 (Annexure P/1) passed by the Commissioner, Gwalior Division, Gwalior and order dated 04/10/2013 (Annexure P/2) passed by the Collector, District Magistrate, Shivpuri are just and proper and deserves to be affirmed.