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2025 DAILYLAW 14927 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/8971/2020 · 2025-05-13

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79441 Court No. - 33 Case :- WRIT - C No. - 8971 of 2020 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vimal Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following prayer:- "A) Issue an appropriate writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide expeditiously the claim of petitioner for granting Arm License of Rifle 315 Bore within stipulated period of time as fixed by this Hon'ble Court." 2. It is argued by learned counsel for the petitioner that though the application for grant of firearm license has been filed by the petitioner on 26.10.2018 before the respondent No.2/District Magistrate, Kannauj but till date no final decision has been taken in the matter. 3. Learned Standing Counsel placed an instruction dated 22.04.2022 under the signatures of District Magistrate, Kannauj before this Court, the same is taken on record. 4. It is stated in the aforesaid instruction that the matter is still under consideration. 5. Heard learned counsel for the parties and perused the record. 6. Time and again such kind of matters are coming before this Court for deciding the application for grant of Firearm License which are pending before the District Magistrate concerned. The Arms Act and the Rules itself provide the timeline within which such applications are to be decided. However, the aforesaid timeline are not being honoured by the District Magistrate concerned and as a result of the same, flood of litigation are coming before this Court for seeking direction that the application for grant of fire arms license/renewal of arms license be decided in a time bound manner. The Court has passed various orders in such type of matters and pursuant to the decision taken by this Court, the Government has issued a Government Order dated 10.3.2025 directing all the District Magistrates to comply with the timelines provided for consideration of the application for firearm license. 7. More than three years has already been lapsed, in this view of the matter and also in the interest of justice, the present petition is disposed of directing the respondent No.2/District Magistrate, Kannauj to decide the aforesaid application most expeditiously and preferably within a period of two months from today. 8. In case the decision has already been taken by the District Magistrate, Kannauj he will communicate the same to the petitioner forthwith. Order Date :- 14.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad