Neutral Citation No. - 2025:AHC:32872 Court No. - 33 Case :- WRIT - C No. - 3525 of 2018 Petitioner :- Kamal Kumar Mittal Respondent :- State of U.P. Counsel for Petitioner :- ,Arvind Kumar Rai,Jitendra Kumar Yadav Hon'ble Vikram D. Chauhan,J. It is submitted by learned counsel for the petitioner that the petitioner was having licence to run a shop of firearm. The licence was cancelled against which an appeal was filed. The appeal was also rejected, thereafter, Writ Petition No.38327 of 1993 was filed, which was finally decided by judgment dated 30.7.2007 against which Special Appeal No.1098 of 2007 was preferred by the petitioner, which was also rejected by order dated 24.1.2012. Learned counsel for the petitioner submits that by order dated 20.4.2010 passed in Writ C-No.28282 of 2007, the following directions was issued:- "In view of the above, the writ petition is finally disposed of with the following directions:- 1. The competent authority shall sell the arms and cartridges which were ceased from the petitioner's shop on the cancellation of his licence, after being satisfied that the ceased arms and cartridges had been purchased by the petitioner for selling with the permission of the competent authority and shall keep the sale proceeds there from in a separate account which shall abide with the final decision of this Court in the intra Court appeal. ii. The respondent no. 2 shall refund the stamp duty of Rs. 90,000/- deposited by the petitioner with the respondent no. 2 on 3.9.2007 within a period of three months from today." In pursuance to the aforesaid, the property of the petitioner being owner of the shop which was seized by the respondents was sold and a sum of Rs.2,05,000/- was generated, which was deposited in the State Bank of India account as can be seen from the order dated 5.9.2017. The order dated 5.9.2017 by the Sub-Divisional Magistrate, Bisalpur also states that since the arms have been sold in pursuance to the order of this Court, therefore, the amount can only be released after an order is passed by this Court in this regard. Learned counsel for the petitioner further submits that a direction be issued to the respondents to release the amount of Rs.2,05,000/- as has been noticed in the order dated 5.9.2017 passed by the Sub- Divisional Magistrate, Bisalpur, which is annexed as Annexure No.7 to the writ petition. Learned Standing Counsel submits that the firearms were sold in pursuance to the direction of this Court and the State would comply with the directions of this Court. In view of the aforesaid, let the amount of Rs.2,05,000/- which has been deposited with the State Bank of India, Bisalpur as sale proceeds of the sale of firearms be released in favour of the petitioner as it is not in dispute that the petitioner is the owner of the property, although his licence to carry out the trade of firearm was cancelled. However, the property of the petitioner remain intact under Article 300A of the Constitution of India and under order of this Court dated 20.12.2012 the property was sold as such the petitioner is entitled for receiving the aforesaid amount of sale consideration. Accordingly, the respondent no.2 is directed to release the amount of Rs.2,05,000/- (as has been noticed in the order dated 5.9.2017) in favour of the petitioner within a period of one month from the date of production of a certified copy of this order. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 6.3.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad