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2025 DAILYLAW 41414 (ALL)

BRIJESH KUMAR v. STATE OF U.P. AND ANOTHER

WRIC/11051/2025 · 2025-04-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54699 Court No. - 33 Case :- WRIT - C No. - 11051 of 2025 Petitioner :- Brijesh Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Mishra,Dheeraj Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The order dated 21.03.2025 passed by the respondent No.2/District Magistrate, Prayagraj is under challenge by which the application for grant of firearm license has been rejected. 2. Today when the matter is taken up, a preliminary objection has been taken by the learned Standing Counsel that against the aforesaid order, a statutory alternative remedy is available to the petitioner to file appeal before the Commissioner of the Division as provided under Section 18 of the Arms Act, 1959. 3. In this view of the matter, the present petition is dismissed on the ground of statutory alternative remedy. 4. It is made clear that in case, the petitioner will file appeal before the Appellate Authority within a period of two weeks from today, the Appellate Authority will consider and decide the same most expeditiously and preferably within a period of eight weeks thereafter strictly in accordance with law on merits and the appeal will not be dismissed only on the ground of latches. Order Date :- 15.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad