Court No. - 36
Case :- WRIT - C No. - 26624 of 2021 Petitioner :- Vinod Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Lal Behari Yadav Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Present petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to grant new licence in favour of petitioner and transfer the Gun Licence 1143/Police Gun D.B.B.L. 1109 in the name of applicant/petitioner which was earlier held by the deceased father at an earliest date."
(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 20.9.2021 moved by the petitioner."
Learned counsel for the petitioner submitted that earlier D.B.B.L. Gun 1109 licence was issued in favour of father of petitioner, namely, Santraj Yadav, who died on 25.1.2015. After the death of his father, petitioner has submitted an application dated 20.9.2021 issuance of fresh licence for transfer of gun of his father, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondent no. 2 to decide the aforesaid application of the petitioner at the earliest.
Learned Standing Counsel for the State-respondents submitted that his application shall be considered and decided strictly in accordance with law within stipulated period.
Considering the facts and circumstances of the case, this writ petition is disposed of with direction to respondent no. 2 to decide the aforesaid application of the petitioner strictly in accordance with law within a period of two months from the date of production of computer generated copy of this order after verifying the same from official website of Allahabad High Court.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the application of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 25.10.2021 Junaid