Court No. - 18
Case :- WRIT - C No. - 35552 of 2018 Petitioner :- Ram Naresh Shukla Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Earlier, the matter was taken up on 26.10.2018 and on the said date the Court had proceeded to pass following order:-
"It has been apprised to the Court that thrice the petitioner has approached before this Hon'ble Court for issuance of fire arm licence. Earlier Writ-C No. 49601 of 2017 was disposed of on 31.10.2017 with an observation that there is serious life threat the petitioner and by all eventuality the claim the petitioner is liable to be accepted. In spite of the said observation, the application moved by the petitioner for issuance of fire arm licence was rejected by the District Magistrate vide order dated 6.12.2017. The said order was also challenged before this Court in Writ-C No. 38 of 2018 and finally relying upon Full Benches of this Court and Patna High Court in Kailash Nath Vs. State of U.P., AIR 1985 All 291 (FB), Kapildeo Singh Vs. State of Bihar, AIR 1987 Pat. 122 (FB), Balram Singh Vs. State of U.P., 1989 ALJ 23 (FB), Rana Pratap Singh Vs. State of U.P., 1996 CrLJ 665 (SB) and State of U.P. Vs. Mahipat Singh, 2014 (2)ADJ 134 (DB), the said writ petition was allowed by this Court by judgment and order dated 12.3.2018 directing the District Magistrate to grant fire arm licence to the petitioner within two months time.
In this backdrop, learned counsel for the petitioner states that under the compulsion, no doubt, the fire arm licence has been issued to the petitioner but the restriction is to the extent that the same is valid only in District Banda whereas the petitioner is a practising Advocate of the Hon'ble High Court.
Once the categorical observation is being made by this Court regarding threat perception then under what circumstances licence is accorded which is valid only in the District Banda whereas the petitioner is a practising Advocate of this Court. Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel prays for and is accorded day's time to seek the instruction in the matter.
Put up this matter tomorrow in the additional cause list."
On the matter being taken up today, Shri B.B. Pandey, learned Additional Chief Standing Counsel states that in compliance of the aforesaid order, he has received the instructions dated 26.10.2018 from the District Magistrate, Banda wherein it has been stated that the relief as has been asked for, has been extended to the petitioner, as such the writ petition has been become infructuous. The instruction is taken on record.
The writ petition stands disposed of, on the basis of the aforesaid instruction.
Order Date :- 27.10.2018 RKP