Kiran Dyandev Sarate v. District Magistrate/Collector

12. wp 1331-16.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1331 OF 2016 Kiran Dyandev Sarate ..Petitioner vs.

District Magistrate/Collector, Solapur ..Respondent ....

Mr. Ritesh Thobde for petitioner.

Mr. Y.D. Patil, AGP for respondent ....

CORAM : M.S.KARNIK, J.

DATE : 10th DECEMBER, 2019 P.C. :

The order impugned in this Petition filed under Article 227 of the Constitution of India is dated 22nd January, 2015 passed by the Collector-cum-District Magistrate, Solapur, rejecting the application made by the petitioner for non prohibited arms license. It is pointed out by learned counsel for the petitioner that even during pendency of the Petition there have been threats to the life of the petitioner and he had to file as many as three FIRs at Kamati, Solapur Rural police station and at Mohol, Solapur. However, these FIRs and other materials which the petitioner now wants this Court to rely upon were not 1/2

12. wp 1331-16.doc before any of the authorities which decided the application of the petitioner.

2.

In this view of the matter, in the interest of the justice, the petitioner can be directed to make a fresh application for non prohibited arms license to the Collector-cum-District Magistrate, Solapur along with all materials to support his claim. If such an application is made, the same be considered by the Collector-cum-District Magistrate, Solapur, as expeditiously as possible and in accordance with law and without being influenced by the impugned order or the orders passed in Appeal.

3.

Needless to mention that all fresh materials including the materials which the petitioner relied which led to passing of the impugned order, shall be taken into consideration while deciding the application of the petitioner afresh on its own merits and in accordance with law.

4.

The Petition is disposed of.

(M.S.KARNIK, J.) by Diksha Rane Date:

2019.12.10 17:50:58 +0530 2/2 Diksha Rane