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2025 DAILYLAW 73634 (ALL)

RAMESH KUMAR PAL v. STATE OF U.P. AND 2 OTHERS

WRIC/21993/2025 · 2025-07-13

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112590 Court No. - 33 Case :- WRIT - C No. - 21993 of 2025 Petitioner :- Ramesh Kumar Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat),Sofia Khan Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the following prayers:- a) To issue a writ in the nature of Mandamus commanding respondent Le. District Magistrate, Mahoba to pass an appropriate order for transfer of the SBBL Gun license No 6840 II C and Gun No 5BBL HPM 3714 BORE 12 under Transfer category/on the basis of inheritance in the name of petitioner who is the son of the original license holder relating to police station Kotwali Nagar, Mahoba Distt. Mahoba.or b) To issue a writ in the nature of Mandamus commanding respondent respondent no 2 i.e. District Magistrate, Mahoba to consider the representation/application of the petitioner dated 16.06.2025 for transfer of the SBBL Gun license No 6840 III C and Gun No SBBL HPM 3714 BORE 12 under Transfer category/on the basis of inheritance in the name of petitioner who is the son of the original license holder relating to police station Kotwali Nagar, Mahoba Distt. Mahoba. 2. After some arguments, learned counsel for the petitioner confined his prayer only to prayer No.2, i.e., to direct the respondent no 2 i.e. District Magistrate, Mahoba to consider the representation/application of the petitioner dated 16.06.2025 for transfer of the SBBL Gun license No 6840 III C and Gun No SBBL HPM 3714 BORE 12 under Transfer category/on the basis of inheritance. 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 grant of firearm license. 6. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Magistrate, Mahoba to decide the aforesaid application as per Government Order dated 10.03.2025 most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order unless there is no legal impediment. 7. In case. decision has already been taken by the District Magistrate, Mahoba on the aforesaid application, the same will be communicated to the petitioner forthwith. Order Date :- 14.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad