- (1.) HEARD learned counsel for the parties. In this writ petition filed under Article 226 and 227 of the Constitution of India, the petitioner is challenging validity of the order dated 18.12.2008 passed by the District Collector, Sirohi, so also, the order dated 11.07.2011 passed by the Divisional Commissioner, Jodhpur; whereby, the appeal filed by the petitioner under Section 18 of the Arms Act, 1959 against the order dated 18.12.2008 was dismissed.
(2.) LEARNED counsel for the petitioner submits that the District Collector, Sirohi without providing reasonable opportunity of hearing passed an order not to renew the arms licence of the petitioner. According to the petitioner, the order impugned is illegal because the reason for refusal of renewal of licence that elections are going on and so many criminal cases are pending against the petitioner is not tenable because as per the judgment of this Court in case Sohan Lal Vs. State of Rajasthan & Ors., passed in S.B. Civil Writ Petition No.4564/2008 decided on 12.02.2009 the renewal of licence cannot be refused on the ground of pendency of criminal case, therefore, it is prayed that order impugned may be quashed. Learned counsel for the respondents submits that due to the circumstances existing at the relevant period of time and upon report of the concerned Police Station, it was felt necessary by the District Collector, Sirohi not to renew the licence of the petitioner due to his criminal activities, therefore, there is no illegality in the order impugned. After hearing learned counsel for the parties, I am of the opinion that now elections are over, therefore, petitioner can file a fresh application for renewal. In view of above, without interfering in the order impugned, this writ petition is disposed of with liberty to the petitioner to file fresh application and raise his all grounds including the adjudication made by this Court in Sohan Lal's case (supra), so also, the adjudication made by the Division Bench of this Court reported in 2005 (2) Cr.L.R. (Raj.) 907 ­ Khem Singh Vs. The State of Rajasthan & Ors., before the District Collector, Sirohi. Upon filing such application, it is expected from the District Collector, Sirohi that the case of the petitioner will be considered and appropriate orders will be passed in accordance with law within a period of one month from the date of filing application.;