High Court of Gujarat
VIRALGIRI JAYANTIGIRI GOSWAMIversusTHE STATE OF GUJARAT
- Disposal
- RULE ISSUED AND PARTLY ALLOWED
- Bench
- HEMANT M PRACHCHHAK
Holding
The order passed by the Joint Secretary was quashed and remanded because it was issued without reasons, violating principles of natural justice.
Summary
The petitioner, a journalist, filed a Special Civil Application under Article 226 of the Constitution and the Indian Arms Act seeking to quash Order No.HVD/125/2020 issued by the Joint Secretary, Home Department, Gujarat, and to obtain an arms licence for personal safety. The petitioner alleged that the authority rejected the appeal without considering his submissions and without providing reasons, thereby violating natural justice. The High Court examined the materials and found that the respondent authority acted in a quasi‑judicial capacity but failed to assign any reasons to its decision. Consequently, the Court quashed the impugned order and remanded the matter to the respondent authority for a fresh hearing, directing that proper opportunity be given to the petitioner. No costs were awarded and direct service was permitted.
Issues considered
- Whether the order passed by the Joint Secretary, Home Department, Gujarat under the Arms Act can be quashed for lack of reasons and violation of natural justice.
- Whether the petitioner, as a journalist, is entitled to an arms licence for protection under the Indian Arms Act.
- Whether the High Court may remand the matter for fresh consideration and rehearing.
Legislation cited
Subjects
Article 226Arms licenceQuash orderNatural justiceQuasi‑judicialRemandHigh Court of Gujarat
Judgment
C/SCA/16745/2025 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16745 of 2025
==========================================
VIRALGIRI JAYANTIGIRI GOSWAMI
Versus
THE STATE OF GUJARAT & ANR.
==========================================
Appearance:
ANKIT N MEHTA(7302) for the Petitioner(s) No. 1
MR ADITYA DAVDA AGP for the Respondent(s) No. 1,2
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/04/2026
ORAL ORDER
1. RULE. Learned Assistant Government Pleader waives service of
notice of rule on behalf of respondents.
2. With the consent of learned counsel for the respective parties,
the present petition is taken up for hearing and disposal.
3. Present petition is filed by the petitioner under Article 226 of
the Constitution of India and under the provisions the Indian Arms Act
seeking the following reliefs:-
(A) Your Lordship may be pleased to admit and allow this petition.
(B) Allow this Special Civil application by issuing appropriate writ,
order or direction and be pleased to quash and set aside the
order No.HVD/125/2020 passed in Appeal by the learned Joint
Secretary, Home Department, Gujarat State and further be
pleased to direct for issuance of license under Arms Act vide
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C/SCA/16745/2025 ORDER DATED: 30/04/2026
considering the facts in the interest of justice.
(C) Pending admission, hearing and final disposal of this petition,
Your Lordship be pleased to direct the respondent authorities
to decide the appeal properly in the interest of justice.
(D) Your Lordship be pleased to pass such other and further orders
as may be deemed fit, just and proper in the peculiar facts and
circumstances of the present case.
4. Heard Mr.Mehta, learned counsel for the petitioner and
Mr.Davda, learned Assistant Government Pleader for the respondents.
Perused the materials placed on record.
6. Learned counsel for the petitioner has submitted that the
respondent authority has committed an error in not considering the
submissions made on behalf of the petitioner and the respondent
authority has, without considering such aspect, rejected the appeal on
the ground that limited numbers of the weapon which has to be
maintained. He has submitted that the petitioner is doing a business
as he is journalist and the arm is required for protection of the
business and personal safety. He has submitted that the petition
deserves to be allowed and the impugned order passed by the Joint
Secretary deserves to be quashed and set aside.
7. Considering the facts and circumstances of the case and the
averments made in the petition and the submissions of both the sides
and perused the material placed on record, it appears that the
respondent – authority has acted as quasi-judicial and passed the
order without assigning any reason and, therefore, in the interest of
justice, the matter requires to be remand back to the concerned
respondent – authority for reconsideration.
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C/SCA/16745/2025 ORDER DATED: 30/04/2026
8. In view of the above and for the foregoing reasons, the petition
is allowed in part. The impugned order passed by respondent -
authority is hereby quashed and set aside. The matter is remanded
back to the concerned respondent - authority to rehear and
reconsider the same and fresh decision. The respondent - authority is
directed to decide the matter in accordance with law as expeditiously
as possible after giving proper opportunity of hearing to the petitioner
without being influenced by the earlier observations and the orders
passed by the authority. Rule is made absolute to the aforesaid
extend. There shall be no order as to costs. Direct service is
permitted.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 17:19:32
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