Rajan Kumar Srivastava vs State Of U.P. Thru Prin. Secy. ...
2014 Latest Caselaw 1558 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 
Case :- MISC. SINGLE No. - 2747 of 2014
 
Petitioner :- Rajan Kumar Srivastava
 
Respondent :- State Of U.P. Thru Prin. Secy. Deptt. Of Home & Another
 
Counsel for Petitioner :- Alok Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anil Kumar,J.

Heard Sri Alok Kumar, learned counsel for the petitioner and learned Standing Counsel.

Facts in brief as submitted by the counsel for the petitioner are that the petitioner applied for grant of arm license of Revolver  to the  O.P. No. 2/District Magistrate, BahraichLicensing Authority on 06.08.2012.  Thereafter the necessary formalities were completed by the concerned authorities and since then the matter is pending at his hand and has not been disposed of, hence the present writ petition has been filed with the prayer that the opposite party may be directed to consider the grant of Fire Arms Licence of Revolver/Pistol  to  the petitioner forthwith for his safety  and decide the representation of grant of Fire Arm Licence of Revolver/Pistol  expeditiously.

I have heard the counsel for the parties who are present today and gone through the record.

Now it is well settled law that right of life as guaranteed under Article 21 of the Constitution of India  is a fundamental right and if a citizen feels that his life  is in  danger  then in order to protect the same he has a right to get a arms licence from authority concerned in accordance to the provisions as provided under law for the said purpose.

Keeping in view the said facts, the interest of justice will sub-serve if the O.P. No. 2/District Magistrate, Bahraich/Licensing Authority is directed to consider the petitioner's case for grant of arms licence within the ambit and provisions as provided in this  regard under the Arms Act, 1959.

For the foregoing reasons, the writ petition is disposed of with a direction that the O.P. No. 2/District Magistrate, Bahraich/Licensing Authority shall consider the petitioner's case for grant of arms licence in accordance with law within a period of eight  weeks from the date of receiving the certified copy of this order.

It is clarified that this Court has not adjudicated the claim of the petitioner on merit.

Order Date :- 6.5.2014/Ravi/