Chandrashekhar Singh vs State Of U.P. And Others
2012 Latest Caselaw 869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 42030 of 2011
 

 
Petitioner :- Chandrashekhar Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Birendra Pratap Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

The petitioner's grievance is that his application for firearm licence is pending since 2008 and no order is being passed by the District Magistrate.

Since it is a statutory application, it ought not to have been kept unattended for such a long time.

This Court, therefore, directs the learned Standing Counsel to seek instructions in the matter by the next date.

A counter affidavit has been filed on behalf of respondent no. 3, Senior Suprintendent of Police, Azamgarh, which is sworn by one Ramanand Kushwaha, Circle Officer, Lalganj, Azamgarh, wherein he says that petitioner's grievance of personal safety is misconceived and the writ petition is liable to be dismissed. In the counter affidavit there is no averment as to what happened to the petitioner's statutory application filed under section 13 of the Arms Act. The Circle Officer is not the licensing authority and no affidavit has been filed by the licensing authority in this regard. It is not understandable as to why a small matter has been dealt in such a manner.

The above attitude is highly condemnable and reprehensible.

In the circumstances, District Magistrate, Azamgarh and Senior Superintendent of Police, Azamgarh, respondent nos. 2 and 3, respectively, shall appear before this Court on 10.5.2012 to explain as to why the Court cases are being dealt with in such a negligent and casual fashion and why the persons who have no business with the issue are being permitted to file affidavit in the Court.

Order Date :- 25.4.2012

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