Court No. - 58
Case :- WRIT - C No. - 15599 of 2017 Petitioner :- Kaleem Ahmad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anil Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
This writ petition has been filed seeking a direction to the District Magistrate, Azamgarh to decide the petitioner's application for grant of arms licence said to have been pending since February 2015 claiming himself to be a victim of crime.
Under the Arms Rule, 2016, time period have been provided for processing such application.
In the first place under Rule 14, upon an appropriate application being made, the police report is required to be submitted within thirty days from the date of receipt of application. Also, under Rule 13 of the said Rules, the speaking order granting or refusing to grant the fire arm licence is thereafter required to be passed within sixty days on receipt of police report. Further, under Rule 14(3) of those Rules, the Licencing Authority may in case of non receipt of police report within the prescribed time of thirty days, may make an order in writing for granting or refusing to grant of arm licence, without further waiting for such police report.
Thus, under the new Rules, any application for grant of fire arm licence is required to be processed and dealt with either by an order granting the licence or an order refusing to grant of arm licence, giving reasons therefor within a time period of ninety days from the date of making the application.
In this case, the application is said to have been pending since February 2015. Period of ninety days would have expired around May 2015.
In view of the above, it is expected that the District Magistrate, Azamgarh would pass necessary order in this case within a further period of two months from the date of production of a certified copy of this order before that authority, which the petitioner undertakes to file within two weeks from today.
Also, the District Magistrate, Azamgarh may take cognizance of this order with reference of all the applications that may be pending before the said authority and ensure their compliance under the provisions of Arms Rules, 2016 specifically in respect of time provided.
With the aforesaid direction, the writ petition is disposed of. Order Date :- 17.4.2017 A. Singh