Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95947 (ALL)

MUKESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/32273/2025 · 2025-09-17

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32273 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard Sri Sandeep Pandey, learned counsel assisted by Sri Aman Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the records. 2. The petitioner has preferred the present petition with the following prayer:- (i) issue a writ, order or direction in the nature of MANDAMUS directing the respondent no.02/District Magistrate Firozabad to issue Arm licence considering the seriousness of security of life and liberty of petitioner in accordance with law expeditiously within stipulated period as this Hon'ble Court. 3. It is argued by learned counsel for the petitioner that the petitioner submitted an application for grant of firearm license on 13.11.2024 before the respondent No.2/District Magistrate Firozabad along with relevant documents. It is further argued that Police Authorities have also submitted its report in favour of the petitioner on 04.12.2024 and 05.12.2024. It is argued by counsel for the petitioner that as per Rule 13 of the Arms Rules, 2016, time limit has been prescribed for grant of license and as per Rule 13 such kind of application should be disposed of within a period of 60 days from the date of receipt of the police report. It is argued that the police authorities has already been submitted its report but till date no decision has been taken in the matter. In support of his arguments, learned counsel for the petitioner placed reliance upon the judgement and order passed by this Court in the case of Shivom Vs. State of U.P. and others (Writ C No.4366 of 2025). Versus Counsel for Petitioner(s) : Abhishek Kumar Tiwari, Sandeep Pandey Counsel for Respondent(s) : C.S.C. Mukesh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. On the other hand, it is argued by learned Standing Counsel that the respondent No.2 will decide the aforesaid application expeditiously. 5. Heard learned counsel for the parties and perused the record. 6. 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. 7. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Magistrate, Firozabad to decide the aforesaid application in the light of 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. September 18, 2025 saqlain WRIC No. 32273 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad