Court No. - 7
Case :- WRIT - C No. - 38946 of 2018 Petitioner :- Yusuf Ali @ Chand Miya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devesh Kumar Verma,Suresh Chandra Verma Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner submits that the petitioner's application for issuance of fire-arm license had been rejected solely on account of the earlier judgment of this Court in the case of Jitendra Singh Vs. State of U.P and others in Writ Petition No. 3268 of 2012 M/B, decided on 07.10.2013 and the government order dated 14.03.2016. He then submits that the position in law has been modified and/or clarified by the subsequent decision of this Court in M/s Agrawal Brothers Chowk Bazar Thru. Proprietor & Another Vs. Union of India Thru. Secy. Ministry of Home & two others in Misc. Bench No. 828 of 2015, decided on 28.11.2017.
3. It is further stated that taking note of the subsequent decision of the division bench of this Court, in Writ-C No. 25730 of 2018 a learned single judge has already taken a view that subsequent decision of the division bench and the provisions of the subsequent rules being Arms Rules, 2016 will govern the application filed by the petitioner for issuance of arms license. Therefore, it has been submitted that the impugned orders are liable to be set-aside.
4. The position in law stated by the learned counsel for the petitioner is undisputed by the State.
5. In view of the above, without expressing any opinion on the merits of the claim of the parties, the present petition is being disposed of with the directions as follows:-
(i) The petitioner shall move a fresh application seeking grant of fire-arm license in accordance with the Arms Rules, 2016 in the prescribed format prescribed therein, within a period of three weeks along with certified copy of this order.
(ii) In case such an application is moved, the Licensing Authority would be under obligation to consider the same and take an appropriate decision strictly in accordance with the provisions of the Arms Rules, 2016, by passing a reasoned and speaking order, preferably, within a period of three months from the date of presentation of the said application, after seeking requisite reports.
Order Date :- 29.11.2018 Prakhar