Court No. - 7
Case :- WRIT - C No. - 39271 of 2018 Petitioner :- Abhishek Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Akash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. The present writ petition has been filed against the order dated 31.10.2018 passed by the District Magistrate, Etawah by which the petitioner's application for grant of fire arm license under the heirloom category has been rejected on the reasoning that there is no threat to the life of the petitioner and his annual income does not exceed Rs. 1,02,000/-.
2. Learned counsel for the petitioner submits that insofar as it is not disputed that the petitioner had applied for fire arm license with respect to fire arm that he had inherited, the reasoning offered by the District Magistrate, Etawah is wholly extraneous and irrelevant.
3. Learned Standing Counsel has raised an objection that remedy of appeal lies against such an order. However, it could not be disputed that the application was filed by the petitioner under the heirloom category and the reason given by the District Magistrate, Etawah rejecting such application is not relevant for that purpose.
4. Consequently, no useful purpose would be served either keeping this petition pending any further or in requiring the petitioner to avail alternative remedy.
5. Once, it is admitted to the State that the petitioner had applied for fire arm license under the heirloom category, the reasoning that may have been offered to decide such application had to be relevant for that purpose being whether the fire arm had actually been inherited by the petitioner and whether there were rival or other claim as also whether there was no objection in favour of the petitioner from other legal representative of the deceased and or whether conditions under the Arms Rules, 2016 were satisfied.
6. In any case, the lack of threat to life or less annual income could never be a criteria to deprive the petitioner from claiming fire arm license under the heirloom category.
7. Accordingly, the impugned order dated 31.10.2018 passed by the respondent no.2- District Magistrate, Etawah is set aside and the matter is remitted to the District Magistrate, Etawah to pass a fresh order in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.
8. With the aforesaid observation, the present writ petition is disposed of.
Order Date :- 30.11.2018 Abhilash