Court No. - 25
Case :- WRIT - C No. - 58170 of 2013 Petitioner :- Ravi Karan Singh Respondent :- State Of U.P. Thru Secy. And 2 Others Counsel for Petitioner :- Smt. Usha Srivastava,Lal Chandra Mishra,Manvendra Nath Singh,V.K. Singh Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The instant writ petition was filed with the following prayer:-
(i) Issue a writ, order or direction in the nature of Certiorari quash the order dated 13.5.2013 passed by Licensing Authority/District Magistrate Band.
(ii) Issue a writ, order or direction in the nature of Certiorari quash the appellate order dated 11.9.2013 passed by Commissioner Chitrakoot Dham Mandal, Banda.
(iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to pass fresh order upon the application of the Petitioner for grant of Arms Licencse dated 17.6.2011.
(iv) Issue such other and further appropriate writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case
(v) Award the cost of the petitioner from the respondents.
However, as during the pendency of the writ petition new rules, namely, ' the Arms Rules, 2016' have now been promulgated the Court feels that no useful purpose would be served by adjudicating on the orders impugned in this writ petition.
It is, therefore, being provided that if the petitioner applies afresh under the Arms Rules, 2016, his application shall be considered and orders shall be passed within the time stipulated in the Rules. This is also what has been held in a Division Bench decision dated 28.11.2017 passed in Misc. Bench No. 828 of 2015 (Agarwal Brothers Chowk Bazaar and Ors. vs. Union of India and Ors).
Accordingly, the writ petition is disposed of.
The orders dated 13.5.2013 and 11.9.2013 shall not come in the way of the Licencing Authorities when they are considering the application of the petitioner. They shall pass orders afresh.
Order Date :- 31.5.2018 praveen.