Sr.No. 04
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPA No. 32/2023
Harnam Singh .... Appellant(s)/Petitioner(s)
Through :- Mr. Sarfraz Hamid Rather, Advocate.
V/s
UT of J&K and Ors. ....Respondent(s)
Through :- Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
07.10.2023.
1. This intra-court appeal is directed against order and judgment dated 17.01.2023 passed by a learned Single Judge of this Court ["the Writ Court"] in WP(C) No. 55/2023 titled "Harnam Singh v. UT of J&K and Ors." whereby the Writ Court has dismissed the writ petition on the ground of delay and latches but has permitted the respondents to consider the case of the appellant, if pending.
2. Learned counsel for the appellant fairly submits that though there was delay in approaching the respondents for transfer of gun license which was issued in favour of his father yet his case was considered by the office of District Magistrate, Udhampur but the same could not be taken to logical end due to misplacement of the record of the gun license in the office of Sub-Divisional Magistrate, Mahore.
3. The attention of this Court is invited to a communication of the Additional District Magistrate, Reasi issued vide No. DM/Rsi/4492 Dated 2 LPA No. 32/2023 24.02.2018 whereby the request of the appellant for transfer of gun license in his favour has been forwarded to the District Magistrate, Udhampur for consideration.
4. Having regard to the facts and circumstances of the case, in particular the fact, that the request of the appellant for transfer of gun license in his favour is not finally considered by the District Magistrate, Udhampur, we dispose of this appeal by providing as under:
(1) The District Magistrate, Udhampur shall take note of communication of the Additional District Magistrate, Reasi dated 24.02.2018 (Supra) and take a final decision in the matter.
(2) The District Magistrate, Udhampur shall take into account the fact that the license of gun issued in the favour of the appellant's father has been misplaced in the office of Sub-Divisional Magistrate, Mahore, District Reasi and, therefore, if permissible, a duplicate gun license is required to be prepared.
The Deputy Commissioner shall take the case of the appellant for issuance of duplicate license and transfer the same in the name of the appellant to a logical end within a period of two months from the date a copy of this order is served upon the Deputy Commissioner.
5. The impugned judgment passed by a learned Single Judge stands modified to the aforesaid extent.
(Mohan Lal) (Sanjeev Kumar)
Judge Judge
Jammu:
07.10.2023.
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