Pradeep Bhumindra Kole v. Collector And District Magistrate And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION 35 CR. WRIT PETITION NO. 1121 OF 2024 Pradeep Bhumindra Kole ...Petitioner

VERSUS

Collector And District Magistrate And Ors

...Respondents

Mr. Kuldeep Nikam a/w Mr. Onkar Bajaj a/w Mr. Pratik Patil for the petitioner Ms. Veera Shinde APP for the State

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

29th JANUARY 2026.

P.C.

1.

This petition challenges the orders dated 1st February 2023 passed by Divisional Commissioner, Pune in Appeal No. 17 of 2020 IRESH MASHAL and order dated 1st February 2020 passed by District Collector, Sangli Digitally signed by IRESH MASHAL Date:

2026.02.02 10:57:44 +0530 in Application bearing No. Karya-6/POL/SR/180/2018. 2.

The petitioner applied for arms licence on 17th March 2017 under Section 13 of the Arms Act, 1959 to the Collector. It is the case of the petitioner that concerned authorities conducted inquiry and recommended his case for grant of arms licence. The Superintendent of Police in September 2017 directed the Circle Officer, Sangli to conduct re-inquiry into the petitioner's application on certain queries mentioned in the communication dated 16th December 2017. Upon re-inquiry, the petitioner's application was not recommended by the police inspector.

The Collector, by the impugned order, refused the permission stating three grounds: (i) Superintendent of Police has not recommended the application; (ii) The police department asked the petitioner to comply with the queries twice, however, the petitioner failed to comply and (iii) the reasons given by the petitioner seeking arms licence is not comprehensive and the petitioner's contentions are not acceptable. The said order is confirmed by the Divisional Commissioner, Pune.

3.

Learned advocate for the petitioner submits that the petitioner is ready to comply with the queries raised by the police department and he may be given opportunity to argue his case on merit afresh.

4.

As the request of the petitioner is reasonable, he should get fair opportunity to remove the deficiencies and/or comply with the queries and prosecute his application on merit. 5.

In the result, the Writ Petition is allowed.

6.

The impugned Judgment and Order dated 1st February 2023 passed by Divisional Commissioner, Pune in Appeal No. 17 of 2020 and order dated 1st February 2020 passed by District Collector, Sangli in Application bearing No. Karya-6/POL/SR/180/2018 are quashed and set aside.

7.

The matter is remanded back to the District Collector, Sangli. The petitioner is permitted to remove the deficiencies and comply with the queries raised by the police department in communication dated 16th December 2017 within 8 weeks from the date of receipt of this order.

8.

Re-inquiry shall be conducted within 8 weeks from the date of compliance of queries by the petitioner. After receipt of the report of the re-inquiry, the Collector shall expeditiously decide the application of the petitioner.

9.

With these directions, Writ Petition is disposed of. (NITIN B. SURYAWANSHI, J.)