Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 32950 (ALL)

SHIV MOHAN MISHRA v. State of UP AND 2 OTHERS

WRIC/8688/2024 · 2025-07-21

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119766 Court No. - 33 Case :- WRIT - C No. - 8688 of 2024 Petitioner :- Shiv Mohan Mishra Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Kunwar Mayank Singh,Vikash Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "I. Issue a writ, order or direction in the nature of MANDAMUS commanding/directing the respondent no. 2 (Chief Secretary (Home) Government of Uttar Pradesh, Lucknow) to decide the petitioner's Applications dated 16.11.2013, 06.02.2014 and 01.02.2024 filed under Rule 19 of the Arms Rules, 2016 (Vide Annexure Nos. 3, 4 and 5 to the writ petition), within stipulated time as may be fixed by this Hon'ble Court." 2. Learned counsel for the petitioner submits that the petitioner holds Firearm License No. 729/DM(F), which was granted in his favour and has been renewed from time to time. It is stated in paragraph no. 7 of the petition that the said license is valid only within the area of the State of Uttar Pradesh. 3. It is further stated in paragraph no. 8 that the petitioner is doing a job of Security Guard and, therefore, he used to visit the States of Rajasthan, Haryana, and Delhi. In these circumstances, he submitted applications from time to time before the competent authorities seeking extension of the area of validity of the said firearm license. The latest such application, dated 21.11.2024, is annexed as Annexure-S.A.3 to the supplementary affidavit. 4. It is also stated in the supplementary affidavit that the District Magistrate, Fatehpur, has already submitted a report along with his recommendation for the extension of the area of the firearm license of the petitioner to the Deputy Secretary, Government of Uttar Pradesh, on 30.07.2024, which is annexed as Annexure- S.A.1 to the supplementary affidavit. 5. Pursuant to the aforesaid, a letter dated 27.09.2024 was issued by the Joint Secretary, Government of Uttar Pradesh, to the District Magistrate, Fatehpur, seeking certain additional information in the matter. It is further submitted that, despite this, no final decision has been taken till date. Hence, the present writ petition has been filed. 6. On the other hand, learned counsel for the State submits that a direction may be issued to respondent no. 3, namely, the District Magistrate, Fatehpur, to provide the necessary information as sought by the Joint Secretary vide letter dated 27.09.2024, within three weeks from the date of production of a certified copy of this order before him. Thereafter, the competent authority of the State shall take a final decision in the matter as expeditiously as possible, and in any case, within six weeks from the date on which the necessary information is provided by respondent no. 3. 7. With the aforesaid observations, the present writ petition is finally disposed of. Order Date :- 22.7.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad