Bombay High Court
JAYESH PRAKASH PATILversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed without quashing the earlier orders, but the petitioner is permitted to file a fresh application for a revolver/pistol license before the competent authority.
Summary
The petitioner, Jayesh Prakash Patil, applied on 21/09/2013 for a revolver/pistol license, which was rejected by the District Collector, Dhule, on 06/09/2017 and the rejection was confirmed by the Divisional Commissioner on 21/11/2017. He filed a criminal writ petition in 2023 seeking to quash those orders, alleging that there was a threat to his life. The Court observed that the petition was filed belatedly and that the impugned orders did not find any immediate threat to the petitioner’s life. Consequently, the Court did not set aside the orders but allowed the petitioner to make a fresh application for a firearm license before the competent authority, if a genuine threat exists. The fresh application, if filed, will be dealt with in accordance with the law.
Issues considered
- Whether the order of the District Collector rejecting the firearm license can be quashed by a writ petition filed belatedly
- Whether the petitioner has a right to a revolver/pistol license in the absence of an immediate threat to his life
- Whether the petitioner may file a fresh application for a firearm license after the dismissal of the writ petition
Subjects
- firearm license
- Arms Act
- writ petition
- quashing order
- administrative law
- competent authority
Judgment
2026:BHC-AUG:39851-DB
920 wp 218-23 .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 218 OF 2023
JAYESH PRAKASH PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Syed Masood Chand, Advocate for the Petitioner
Ms. M. N. Ghanekar, APP for Respondent-State
….
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.
Date : 01/09/2026
PER COURT :
1. Heard.
2. By way of the present petition, the petitioner seeks quashing of
the order dated 06/09/2017 passed by the District Collector, Dhule,
rejecting his prayer for grant of a revolver/pistol license on the basis of
his application dated 21/09/2013. The said order was subsequently
confirmed by the Divisional Commissioner by order dated 21/11/2017.
3. Though the present petition has been filed belatedly and the
impugned order indicates that there was no immediate threat to the life
of the petitioner, we are of the opinion that the petitioner may file a
fresh application before the competent authority for grant of a
revolver/pistol license, if there is, in fact, any threat to his life.
VS Maind/ Page|1
920 wp 218-23 .
4. Learned APP also submits that as and when such an application
is filed, the same will be considered and dealt with in accordance with
law.
5. In view of the above, the petition stands disposed of with liberty
to the petitioner to file a fresh application before the competent
authority for grant of a revolver/pistol license. The said application, if
filed, shall be considered in accordance with law.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C. MORE]
JUDGE JUDGE
VS Maind/ Page|2
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