Court No. - 18
Case :- WRIT - C No. - 17680 of 2021 Petitioner :- Parvez Khan Respondent :- State of U.P. and Another Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Subedar 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 11.02.2021.
It is contended by Sri Subedar Mishra, learned counsel for the petitioner that the police report and other verification documents in regard to the grant of arms license was received in the office of the licensing authority on 21.06.2021. However, no decision has been taken on the aforesaid application by the licensing authority. He relies upon Rule 13 and Rule 14 of the Arms Rules, 2016.
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 and Rule 14 of the Arms Rules, 2016 for grant of arms license has not yet expired.
The writ petition is premature and is accordingly dismissed.
Order Date :- 12.8.2021 Pravin