Court No. - 10
Case :- WRIT - C No. - 28119 of 2021 Petitioner :- Sufiya Javed Respondent :- State of U.P. and Another Counsel for Petitioner :- Shahnawaz Akhtar Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the petitioner Sri Rahul Sahai and Sri Sahnawaz Aktar and the learned Standing Counsel.
This writ petition has been filed against the order dated 15.9.2021 passed by the District Magistrate, Aligarh.
Learned counsel for the petitioner has submitted that the application for the grant of licence has been rejected simply on account of the fact that the authorities had concluded that the applicant had not been able to give a suitable reason as to why the arm licence was required. Also the petitioner had not been able to show the threat perception. Learned counsel for the petitioner has submitted that on these grounds definitely licence could not be refused.
Learned counsel for the applicant has submitted that these two grounds were not available to the District Magistrate as they were not provided anywhere in Section 14 of the Arms Act.
However, learned Standing Counsel has submitted that there is an alternative remedy of filing an Appeal and, therefore, the writ petition be not entertained.
Under such circumstances, without going into the merits of the case, it is being directed that if the petitioner files an appeal, then the same shall be decided by the Appellate Court within a period of two months thereafter.
With these observations, the writ petition is disposed of.
Order Date :- 28.10.2021 PK (Siddhartha Varma,J.)