MANGAL @ MANGLESHWAR v. STATE OF U.P. AND 2 OTHERS
WRIC/41143/2026 · 2026-10-08
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14520 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14520 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 41143 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Vrat Sheel Rai, learned counsel for petitioner and Sri H.C. Dube, learned Additional Chief Standing Counsel for State-Respondents.
2. An arm licence was issued to petitioner’s elder brother. Unfortunately, he died, therefore, petitioner being brother of licensee, has filed an application for transfer of arms licence in terms of Rule 25 of Arms Rules, 2016. However, since he was not able to get no objection from wife of his deceased brother, the application was rejected and appeal thereof was also dismissed, therefore, petitioner has filed present writ petition.
3. Learned counsel for petitioner submits that petitioner’s elder brother’s wife has now re-married after death of her husband, therefore, she has refused to give either an affidavit or no objection. He further submits that in the given set of circumstances ignoring such condition, arm licence can be transferred.
4. Learned Additional Chief Standing Counsel submits that once there is a mandatory provision of no objection from remaining legal heirs, as provided under Rule 25(2)(i) of Arms Rules, that cannot be ignored.
5. I have considered aforesaid submissions and perused the material available on record. Versus Counsel for Petitioner(s) : Vrat Sheel Counsel for Respondent(s) : C.S.C. Mangal @ Mangleshwar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. The provisions of Rule 25(2)(i) of Arms Rules require, in the circumstances as involve in present case, a declaration of no objection from remaining legal heirs of deceased licensee. Undisputedly, petitioner has not filed no objection from wife of his deceased elder brother. Only on ground that she was re- married after death of her husband, the condition prescribed, cannot be diluted. There is no provision that any such condition can be diluted.
7. In aforesaid circumstances, when petitioner has failed to comply the conditions for transfer of firearm licence to legal heirs as prescribed under Rule 25 of Arms Rules, the Court cannot issue a writ of certiorari.
8. Writ petition is accordingly dismissed. October 9, 2026 AK WRIC No. 41143 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad