Court No. - 90
Case :- WRIT - C No. - 41614 of 2019 Petitioner :- Brijendra Mishra Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anil Kumar Bajpai Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard Shri Anil Kumar Bajpai, learned counsel for the petitioner and learned standing counsel for the State - respondents.
The present writ petition has been filed for the following, amongst other, relief:-
"a) Issue a writ, order or direction in the nature of mandamus commanding upon the respondent authorities especially Licensing Authority / respondent no. 2 to consider and decide the petitioner's application for transfer of SBBL Gun No. 8536/1979 Licence No. 102 of 1981, Police Station - Kidwainagar, District Kanpur Nagar, on the basis of heritance, which is in the name of petitioner's father namely Mahendra Prasad Mishra son of late Captain Guljari Lal Mishra."
Learned counsel for the petitioner submits that SBBL Gun No. 8536/1979 (Licence No. 102/1981) has been issued in favour of the petitioner's father in the year 1981, who is about 85 years of age. On 25.09.2017, the petitioner moved an application for transfer the firearm licence in his favour. In this regard, he has also submitted 'No Objection' of other legal heirs of his father. It is submitted that in spite of more than two years, the aforesaid application has not yet been decided. Hence, this petition.
No fruitful purpose would be served in keeping the matter pending. Therefore, this writ petition is disposed of with a direction to the respondent no. 2 to decide the pending application of the petitioner dated 25.09.2017 in accordance with law, expeditiously, preferably, within a period of one month from the date of receipt of a certified copy of this order in his Office, if there is no legal impediment.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits and the authority concerned is free to pass an independent order, in accordance with law.
Order Date :- 17.12.2019 Amit Mishra