Court No. - 18
Case :- WRIT - C No. - 18882 of 2021 Petitioner :- Arjit Saxena Respondent :- State of U.P. and Another Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed today on behalf of the petitioner is taken on record.
Heard Sri Arvind Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.
The petitioner claims that he had submitted an application for grant of arms licence on 18.02.2019. However, no decision has been taken on the aforesaid application by the licensing authority.
It is contended by Sri Arvind Kumar Mishra, learned counsel for the petitioner that the police report and other verification documents have already been submitted by the various agencies before the licensing authority on 18.08.2020. He further contends that the statutory time limit for deciding the application has expired.
The only submission made by Sri Arvind Kumar Mishra, learned counsel for the petitioner is that the licensing authority may decide the application within the stipulated period of time. He relies on Rule 13 and Rule 14 of the Arms Rules, 2016.
Learned Standing Counsel in his usual fairness submits that the authorities are under an obligation of law to adhere the time period provided in the statute.
Heard learned counsel for the parties.
The aforesaid case shall be governed by the statutory provisions. Rule 13 and Rule 14 of the Arms Rules, 2016, provide for a time limit for grant of licence. For ease of reference, the relevant Rules of the Arms Rules, 2016 are extracted hereunder:
"13. Time limit for grant of licence.- The licensing authority, after considering the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence for permissible category of arms or ammunition specified in category III of Schedule I, to any person by recording in writing the reasons for such grant or refusal, by passing a speaking order, within a period of sixty days of the receipt of the police report:
Provided that the licensing authority shall specify, the type of arms and ammunition to be procured by the applicant after assessing the reason and the need for possession of the type of arms and ammunition applied for by the applicant, considering its lethality or fire power.
14. Time limit for police report for grant of licences.- (1) On receipt of an application for grant of a licence under sub- section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officer-in-charge of the nearest police station on that application, and such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him.
(2) The Central Government may by issuance of a general or special order, extend the period of thirty days as specified in sub-rule (1) up to ninety days for certain areas or States for any reason deemed appropriate by it.
(3) The licensing authority may in case of non-receipt of police report within the period of thirty days under sub-rule (1) or within the extended period under sub-rule (2), make an order in writing for grant or refusal of licence, without further waiting for the report."
In this case the statutory time limit for deciding the application contemplated in Rule 13 of the Arms Rules, 2016 has long expired. There is no cause for licensing authority to delay in matter any further.
Interest of justice will be served by remitting the matter to the District Magistrate, Rampur to execute the following directions:
1. The licensing authority shall decide the application for grant of licence in accordance with law within a period of two months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of two months shall accordingly be enhanced.
It is clarified that this Court has not gone into the merits of the case. The same shall be decided by the licensing authority, upon independent application of mind and in accordance with law.
This order is being passed on the assertions made in the writ petition and submissions on behalf of the petitioner, which have not been contested for their correctness by calling counter affidavit. In case the licensing authority finds that any of the facts narrated above are incorrect, the authority may move an application for recall of this order.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 12.8.2021 Ashish Tripathi