Yashwant Keshav Bhoir v. The State Of Maharashtra And ORS

32 WP 4366.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4366 OF 2016 Yeshwant Keshav Bhoir ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr. Sanjay S. Patil, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE, DR. SHALINI PHANSALKARJOSHI, J J.

DATE : 7th FEBRUARY, 2017.

P. C. :

Heard learned counsel for the petitioner and learned APP for the State.

2.

By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the orders dated 14th September, 2015 and 10th March, 2016, passed by the learned Collector, Thane and Divisional Commissioner, Konkan Vibhag, Mumbai respectively. By the said orders, the petitioner's application for renewal of arms licence came to be rejected on the ground that there was delay of 3 years in making the said application.

3.

Mrs. Pai, learned APP for the State, invited our attention to the amended Arms Rules of 2016 which provides for entertaining Shubhada S Kadam 1/2

32 WP 4366.16.doc application for renewal of arms licence. She drew our attention to Rule 24(5) thereof and submitted that the petitioner can apply for renewal of license afresh along with an application for condonation of delay. In the above circumstances, we dispose of the petition by passing the following order :

1. The impugned orders dated 14th September, 2015 and 10th March, 2016, passed by the learned Collector, Thane and Divisional Commissioner, Konkan Vibhag, Mumbai respectively are quashed and set-aside.

2. The petitioner, is at liberty, to apply afresh before the competent authority for renewal of his license along with the application for condonation of delay.

3. The competent authority shall dispose of the petitioner's application for renewal of licensce in accordance with the newly amended Arms Rules by notification dated 15th July, 2016 as expeditiously as possible and, in any case, within a period of six months from the date of filing of the application.

The writ petition stands disposed of.

(DR. SHALINI PHANSALKAR-JOSHI) [RANJIT MORE, J.] Shubhada S Kadam 2/2