Allahabad High Court
Arjun Singh vs State Of U.P. Thru Secy. And ... on 30 September, 2011
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 2
Case :- WRIT - C No. - 57416 of 2011
Petitioner :- Arjun Singh
Respondent :- State Of U.P. Thru Secy. And Another
Petitioner Counsel :- Ashok Gupta
Respondent Counsel :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for the parties.
2. The grievance of the petitioner is that he applied for grant of arm licence vide application dated 13.06.2006 but the said application has not yet been decided by the respondents.
3. Learned Standing Counsel fairly states that in case the application is still pending and has not been disposed of, the same may be considered and decided expeditiously.
4. This Court is dealing in this jurisdiction for the last almost two months and every day 10 or 40 cases are coming only with the complaint that statutory authority under Arms Act is keeping the matter pending for unreasonably long time and showing total laxity and inaction in passing appropriate order. On the statement made by learned Standing Counsel the writ petitions are being summarily disposed of directing the District Magistrates to pass orders within a specified time. The situation created by such inaction and apathy is really very unhappy and disheartening. What this Court actually doing in all these matter is that the statutory authority is being reminded of its statutory obligation that an application filed under a provision of statute has to attain finality and cannot be kept pending indefinitely. The burden increased on the Court by such kind of petitions reflects only lack of governance on the part of authorities of Government. The situation is also not being attended by higher officials of Government by requiring the statutory authority to attend its statutory functions with reasonable expeditiousness and attentiveness. This is also disturbing. This Court has taken note of the Government Orders issued by Government of India as well as State of Uttar Pradesh requiring the concerned District Magistrates to dispose of applications submitted for grant of firearm licence ordinarily within three months but these Government Orders have also not attained their objective and gone in vain. If the District Magistrates did not find sufficient time to take up these matters, it is for the Government to evolve out an appropriate system for expeditious disposal of such matters but maintaining status quo in such matters and thereby causing spate of litigation in this case Court, generated due to total inaction on the part of Government authorities, is something to be curbed and removed. A kind of citizen charter in respect to some of services has now been imposed by U.P. Government. This is really insufficient. Its ambit needs be expended. The peoples aspirations of disposal of their applications or other matters by executives reflecting upon their day-to-day life, needs be attended immediately and within time. Apathy any longer may cause people's outburst which may be difficult to counter. It is high time when appropriate measures be taken lest it is too late.
5. I, therefore, direct the Chief Secretary, U.P. Government, Lucknow to look into the matter himself and take immediate and appropriate action so that this kind of avoidable litigation may not consume precious time of the Court and such time may be utilised for other substantial important matters involving serious legal and constitutional issues.
6. Be that as it may, so far as the present case is concerned, in view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the competent authority to consider and decide petitioner's application dated 13.06.2006 by a speaking order within a period of two months from the date of production of a certified copy of this order before him.
7. The Registrar General is directed to send a copy of this order to the Chief Secretary, U.P. Government, Lucknow for information and compliance forthwith.
Order Date :- 30.9.2011
AK
