Court No. - 7
Case :- WRIT - C No. - 18591 of 2018 Petitioner :- Samrendra Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Misra Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed to challenge the order dated 08.11.2017 passed by the Commissioner, Allahabad Division, Allahabad, by which the petitioner's appeal against the order dated 23.09.2016 passed by the District Magistrate, Allahabad (rejecting the application for grant of fire arm license), has been rejected.
3. Learned counsel for the petitioner submits the only reason given in the order for rejecting the petitioner's application is that there was a general ban imposed against issuance of fire arm license, by the Government Order in operation at the relevant time.
4. Presently, it has been submitted that the aforesaid Government Order has been withdrawn by the subsequent Government Order dated 08.10.2018.
5. The petitioner further claims that being the Bank Manager, he was become entitled to grant of such license as his work often put his life and property at risk due to compulsion to carry substantial amounts of cash.
6. The aforesaid submission advanced by learned counsel for the petitioner does carry weight inasmuch as perusal of the orders impugned in the present writ petition do not bring out any fact or ground for denial of the fire arm license to the petitioner except the fact that at the relevant time there was a general ban in operation against issuance of fire arm license.
7. Learned Standing Counsel submits during the pendency of this writ petition, new Arms Rules, 2016 have come into force which prescribe fresh and new conditions as also procedure for grant of those license.
8. Since the rejection of petitioner's application was based on the ban imposed by the State Government and that ban has now been lifted, the impugned order dated 08.11.2017 passed by the Commissioner, Allahabad Division, Allahabad as well as order dated 23.09.2016 passed by the District Magistrate, Allahabad are set aside. However, instead of remitting the matter for decision afresh, it is left open to the petitioner to file a fresh application in accordance with the Arms Rules, 2016 within a period of three weeks' from today along with a certified copy of this order.
9. If such application is filed by the petitioner, it is expected, the same shall be dealt with and decided strictly in accordance with law within the time limits provided under the Arms Rules, 2016.
10. With the aforesaid observation, the present writ petition is disposed of.
Order Date :- 27.11.2018 Abhilash