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2025 DAILYLAW 72825 (ALL)

NIKHIL VERMA v. STATE OF U.P. AND ANOTHER

WRIC/21502/2025 · 2025-07-08

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108757 Court No. - 33 Case :- WRIT - C No. - 21502 of 2025 Petitioner :- Nikhil Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no. 2- District Magistrate, Budaun to grant of arm license of revolver/pistol on the basis of succession within a stipulated period of time. 2. It is argued by learned counsel for the petitioner that father of the petitioner late Avadhesh Verma, was having fire arms license in his favour. It is further argued that the father of the petitioner was died on 21.04.2022 during COVID-19 and after the death of his father the petitioner applied for fire arm license on the basis of succession. The petitioner has filed the application for grant of firearm license on 21.02.2025 before the respondent No.2/District Magistrate, Budaun on the basis of succession. It is further argued that considerable time has already been lapsed but till date no final decision has been taken in the matter. 3. On the other hand, it is argued by learned Standing Counsel that the respondent No.2 will take a decision in the matter expeditiously. 4. Heard learned counsel for the parties and perused the record. 5. 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. 6. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Magistrate, Budaun, to decide the aforesaid application most expeditiously and preferably within a period of four weeks from today. 7. In case the decision has already been taken by the District Magistrate, Budaun, he will communicate the same to the petitioner forthwith. Order Date :- 9.7.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad