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Neutral Citation No. - 2025:AHC:41843-DB Court No. - 29 Case :- WRIT - C No. - 42880 of 2024 Petitioner :- Vinit Kumar Meena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Sri R.S. Chauhan, learned counsel for the petitioner, Sri Bharat Singh, learned counsel for respondent no.3 and learned State counsel. One Salimuzzafar son of Azhar Hasan was running a firearm shop at Harihar Ganj, District Fatehpur. A license for such purpose was issued in 1999 and was valid till 31.12.2021. The licensee apparently died. This fact was brought to the notice of the authorities by the private respondent. It is thereafter that the firearms lying in the shop were got deposited in Malkhana by the State authorities. A lock has been put in the shop. The petitioner claims that the deceased licensee has executed a will in his favour and, therefore, the keys of the shop ought to have been delivered to the petitioner. Taking cognizance of the matter we invited instructions in the matter from the State authorities. Learned Standing counsel has obtained instructions from the District Magistrate, Fatehpur according to which the fact with regard to death of the licensee was brought to the notice of the authorities by Syed Abuzar, who happens to be the nephew of deceased licensee. It is thereafter that the State authorities pursuant to the permission of the District Magistrate removed the firearms from the shop and got it deposited in the Malkhana. A lock has been put in the shop. It is stated that the petitioner had not role to play in either furnishing of information of the death of licensee or removal of firearms from the shop. We are also informed that an SCC suit in respect of tenancy of the shop is also pending between the parties. It is also submitted that the petitioner is paying rent of that shop. So far as the license granted to the deceased is concerned, it has come to an end with the death of the licensee. In whose favour fresh license is to be granted is an aspect to be examined on filing of an appropriate application by the person concerned, who may claim to be the legal representative of the deceased licensee, in terms of the applicable policy.
So far as the possession over the shop is concerned, we find that there are separate claims and who in the facts of the case would be entitled to possession of the shop can more appropriately be examined by the concerned court where the proceedings are pending. In that view of the matter that no further orders are required to be passed in this petition. It is accordingly consigned to records. Liberty stands reserved to the parties to approach the concerned court for necessary relief. Order Date :- 21.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad