Jammu and Kashmir High Court
WP(C)/628/2026 of DARSHAN LAL Vs UT OF J AND K PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS on 11 March 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 628/2026 CM No. 1448/2026 Darshan Lal …..Appellant(s)/Petitioner(s) Through: Ms. Pooja Devi, Adv. UT of J&K & Ors. .…. Respondent(s) Through: Ms. Nazia Fazal, Adv. vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 628/2026
CM No. 1448/2026
Darshan Lal
…..Appellant(s)/Petitioner(s)
Through: Ms. Pooja Devi, Adv.
UT of J&K & Ors.
.…. Respondent(s)
Through: Ms. Nazia Fazal, Adv. vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(11.03.2026)
1. The petitioner, through the medium of this petition, seeks direction upon the respondents to renew his arms license bearing No. LN15311A7BB0217/53/DMU/ARMY dated 04.04.2007 contending that the petitioner was holding a valid aforementioned arms license issued to him by respondent No. 2 on 04.04.2007 and the said license was renewed from time to time; that the license expired on 04.04.2024 and it was not renewed thereafter though the petitioner had applied for renewal of his arms license after completing requisite formalities.
2. Learned counsel for the petitioner submits that the respondents are under an obligation to renew the license of the petitioner, unless some adverse character verification report from the concerned department comes to fore and that they are bound to take decision on the application of the petitioner, which they have failed to do. Serial No. 161
3. Section 13 of the Arms Act governs the procedure for grant of arms license, whereas Section 14 of the Act governs the situations where Licensing Authority has power to refuse license. Section l5 of the Act deals with duration and renewal of license. The same is relevant to the context and is, reproduced as under:
15. Duration and renewal of licence.―
(1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of five years from the date on which it is granted: Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period. Provided further that the licence granted under section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed.
(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.
(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.
4. Sub-Section (3) quoted above provides that a license, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period, for which the license was originally granted and shall be so renewable from time to time. It further provides that provisions of Section 13 and 14 shall apply to the renewal of license as they apply to the grant thereof.
5. It is thus clear that the licensing authority, while considering renewal has to adopt the same procedure and formalities, as are to be adopted while granting a fresh arms license and the provisions contained in Section l3 and 14 of the Act have to be followed. As per Section 13 of the Act, on receipt of an application for grant of license, the licensing authority has to call the report of the officer in-charge of the nearest Police Station on that application and the authority has to make such enquiry as it may consider necessary in terms of Section 13 of the Act. The authority after considering the report of the Police and subject to other formalities, by order in writing has to either grant the license or refuse to grant the license. As already stated, the same procedure has to be adopted while considering renewal of the arms license. Further as per Sub- Section (3) of Section 15 of the Act, the licensing authority has to record reasons in writing for refusing to renew the arms license.
6. The respondents are alleged to have, without undertaking the aforesaid exercise, kept the application of the petitioner pending and have not taken any decision thereon. Such a recourse cannot be countenanced in law.
7. In view of the above, the writ petition is disposed of at this motion stage as to keep the same on board shall serve no purpose, with a direction to the respondent No. 2 to take a decision on the application of the petitioner for renewal of his arms license after following the procedure prescribed under Chapter III of the Arms Act and the rules governing the field, most expeditiously, preferably within a period of two months from the date a certified copy of this order is made available to the said respondent No. 2.
8. Disposed of along with the connected applications.
(M A CHOWDHARY)
JUDGE Jammu 11.03.2026 Tarun/PS
Tarun Kumar Gupta 2026.03.12 11:19 I attest to the accuracy and integrity of this document