Kishor Gauhlout vs State Of U.P. And Another
2016 Latest Caselaw 6578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - C No. - 50183 of 2016
 

 
Petitioner :- Kishor Gauhlout
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Sanjay Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

The petitioner applied for grant of firearm license  in 2016, which remained pending since   30 May 2016. This writ petition has been filed for a direction upon the Licensing Authority to process the application at the earliest possible.

Learned Standing Counsel would submit that the petitioner's application shall be considered in accordance with law and points out that under an interim order granted by the Lucknow Bench of this court in Writ Petition No. 3268(MB) of 2012 ( Jitendra Singh Vs. State of U.P and others), the grant of arm licence has been stayed.The operative portion of the interim order dated 7 October 2013 passed in said case is extracted:

"Till then, no fresh licence under the Arms Act will be issued in the State of Uttar Pradesh.this order will however, not apply to applicants claiming licence under family heirloom policy and to victims of crime, having genuine need of weapon in the opinion of concerned District Magistrate".

The interim order dated 7 October 2013 has been extended till further ordrs, vide order dated 25 November 2013, which has also been modified with the following observations vide order dated 6 September 2014:

"In view of above, we modify our order dated 25 November 2013 and permit State government/authorities to issue licenses to National and International sports persons only enabling them to participate in the shooting events, as per their specific requirements".

This Court in Writ Petition No. 24945 of 2016 ( Qadir Hussain Vs. State of U.P and others) has been pleased to observe that there is no blanket ban for considering grant of firearm licence, and in case petitioner's case falls under the excepted category, his application can always be considered, in accordance with law.

Considering the above, this writ petition stands disposed of with a direction upon the respondent no.2 to consider the application of the petitioner for grant of firearm licence, within a period of six weeks from the date of presentation of a certified copy of this order. It shall be open for the petitioner to submit all such materials, which are available with him, along with certified copy of this order, to substantiate that petitioner's claim falls within the exception carved out under the interim order.

Order Date :- 20.10.2016

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