Court No. - 47
Case :- WRIT - C No. - 18247 of 2019 Petitioner :- Mohd. Sharik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
A firearm license to the petitioner was granted by the District Magistrate, Prayagraj by an order dated 26.05.2017, which was a case of sanctioning transfer of license relating to an N.P.B. rifle, earlier held by the petitioner's father on account of latter's old age. However, in compliance of the District Magistrate's order dated 26.05.2017, the ministerial act of issuing the license form was not done during all these two years. This brought the petitioner to this Court praying for the relief that the license in terms of the District Magistrate's order, be issued to him in the appropriate form. When this matter came up on 27.05.2019, this Court made the following order:-
"The District Magistrate, Prayagraj, will file his personal affidavit within 24 hours why his order dated 26.5.2017 sanctioning transfer of NPB Rifle license to the petitioner earlier held by his father on account of the latter's old age has not been issued to him till date. The submission of learned counsel for the petitioner is that subordinate functionaries in the office of the District Magistrate are obstructing issue of license to the petitioner. In case the personal affidavit of the District Magistrate, Prayagraj is not filed, he will appear in person. If the personal affidavit is filed, he need not appear.
Let this order be communicated to the District Magistrate, Prayagraj today by the Registrar General.
Put up on 29.05.2019."
The District Magistrate, Prayagraj has filed a personal affidavit, where it is stated in paragraph no. 6 of the affidavit that the requisite form in compliance with the order dated 26.05.2017 has been issued to the petitioner on 28.05.2019,which is indeed ironical. Between the District Magistrate's order dated 26.05.2017 and its translation into the issue of license form, a period of two years has gone by. The District Magistrate, Prayagraj in paragraph no. 5 of his affidavit has given the following explanation for this delay of two years:
"5. That after sanctioning of aforesaid NPB rifle license in favour of the petitioner Mohd. Sharik son of Mohd. Moosa, R/o 207/181 Shahganj, Police Station Kotwali District Allahabad, for obtaining the NPB rifle license, the petitioner has not submitted any relevant requirements such as 4 photographs, license book, notorial affidavit, net form and license fee through chalan and due to lack of these formalities, license of NPB rifle to the petitioner could not be issued. From the Office of District Magistrate, Prayagraj, a notice dated 28.05.2019 was issued to the petitioner whereby, he has been required to furnish the detailed such as photographs and other relevant documents as well as depositing the license fee through chalan and after receiving the aforesaid notice the petitioner Mohd. Sharik turned up to the office of District Magistrate, Prayagraj and deposited all the requirements such as 4 photographs, license book, notorial affidavit, net form and license fee through chalan and after completing all the formalities immediately the aforesaid sanctioned NPB rifle license in favour of the petitioner has been handed over vide license no. 222/Police Station Shahganj."
A perusal of the aforesaid explanation shows to its face to be very hard to believe, and indeed a lame excuse to accept that the petitioner being granted a license in terms of the District Magistrate's order, would not undertake petty formalities like provision of 4 photographs, a license book, notorial affidavit, net form and payment of license fee through a challan to secure issue of the necessary license to him. Indeed, there is nothing on record to show as to what steps were taken by the District Magistrate's office between 26.05.2017 and 28.05.2019 calling upon the petitioner to furnish all these documents, or complete these formalities.
The paragraph under reply shows that a notice from the District Magistrate's office was issued to the petitioner on 28.05.2019 to supply photographs and other relevant documents which the petitioner immediately did, and the license has been issued to him in between the order of this court dated 27.05.2019, which has perhaps catalyzed the process and led the order of District Magistrate in favour of the petitioner granting him a license 26.05.2017 to be translated into a tangible license form. The District Magistrate, Prayagraj would be well advised to look into the matter and take such action as he deems fit. This Court wishes to say no more.
The writ petition stands disposed of accordingly.
Let a copy of this order be sent to the District Magistrate, Allahabad by the Registrar General by 1st July, 2019.
Order Date :- 29.5.2019 Deepak