Court No. - 2
Case :- WRIT - C No. - 7780 of 2018 Petitioner :- Jai Kumar Mishra Respondent :- State Of U.P And Another Counsel for Petitioner :- Daya Shankar Vishwakarama,Suresh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Suresh Pratap Singh for the petitioner and Standing Counsel for State.
The writ petition has been filed for quashing the order of District Magistrate dated 3.2.2017 rejecting the application of the petitioner for grant of Fire Arm Licence and Commissioner dated 11.10.2017 dismissing the appeal of the petitioner against the aforesaid order.
A perusal of the impugned order shows that impugned order has been passed on the basis of interim order passed in Misc. Bench No. 3268 of 2012 (Jitendra Singh Vs. State of UP) by which granting of fire arm licence has been stayed except in the cases of family heirloom policy and to victim of crime. Now Misc. Bench No. 3268 of 2012 has been disposed of by the order dated 28.11.2017 on the ground that after coming into force of new Arms Rules, 2016, the Licensing Authority can grant licence according to the provisions of Rules, 2016. Thus after disposal of writ petition, interim order passed in the writ petition is no more enforced as such at present impugned order has lost its efficacy.
The writ petition succeeds and is allowed. The order of District Magistrate dated 3.2.2017 and Commissioner dated 11.10.2017 are set aside. The petitioner is given liberty to file a fresh application for grant of fire arm licence under new formate as prescribed under Arms Rules, 2016 within a period of three weeks. In case any such application is filed then the District Magistrate shall pass an appropriate order on it relying upon the same report as obtained previously, within a period of two months thereafter.
Order Date :- 27.2.2018 Rahul /-