Court No. - 58
Case :- WRIT - C No. - 16075 of 2017 Petitioner :- Shyam Lal Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Bare Lal Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
This writ petition has been filed seeking a direction to the District Magistrate, Allahabad to decide the petitioner's application for grant of fire arm license said to have been filed in the year 2016 in respect of fire arm which the petitioner claims as a family heirloom.
Under the Arms Rule, 2016, time period have been provided for processing such application.
In the first place under Rule 14, upon an appropriate application being made, the police report is required to be submitted within thirty days from the date of receipt of application. Also, under Rule 13 of the said Rules, the speaking order granting or refusing to grant the fire arm license is thereafter required to be passed within sixty days on receipt of police report. Further, under Rule 14(3) of those Rules, the Licensing Authority may in case of non receipt of police report within the prescribed time of thirty days, may make an order in writing for granting or refusing to grant of arm license, without further waiting for such police report.
Thus, under the new Rules, any application for grant of fire arm license is required to be processed and dealt with either by an order granting the license or an order refusing to grant of arm license, giving reasons therefor within a time period of ninety days from the date of making the application.
In this case, the application is said to have been made in the year 2016. Period of ninety days would have expired.
In view of the above, it is expected that the District Magistrate, Allahabad would pass necessary order in this case within a further period of two months from the date of production of a certified copy of this order before that authority, which the petitioner undertakes to file before the said authority within two weeks from today.
Also, the District Magistrate, Allahabad may take cognizance of this order with reference of all the applications that may be pending before the said authority and ensure their compliance under the provisions of Arms Rules, 2016 specifically in respect of time provided.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 18.4.2017 A. Singh