Allahabad High Court
Ashish Pandey vs State Of U.P. Thru. The Secy. Home ... on 25 August, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- WRIT - C No. - 11495 of 2016
Petitioner :- Ashish Pandey
Respondent :- State Of U.P. Thru. The Secy. Home Civil Sectt. Lko. And Ors.
Counsel for Petitioner :- Sanjay Kumar Mishra,Krishna Madhav Shukla
Counsel for Respondent :- C.S.C
Hon'ble Manish Kumar,J.
1. The present writ petition has been preferred by the petitioner for quashing of the appellate order dated 18.09.2015 passed by opposite party no. 2 i.e. Commissioner, Faizabad Division, Faizabad and the order dated 06.06.2015 passed by opposite party no. 3 i.e. District Magistrate, Ambedkar Nagar by which the application for grant of Arms license to the petitioner was rejected.
2. Learned counsel for the petitioner has submitted that the application of the petitioner was rejected mainly on the ground that there is an order passed by the Hon'ble High Court passed on 07.10.2013 in W.P. No. 3268 (MB) of 2012 and in pursuance of the Government Orders dated 07.10.2013 & 08.11.2013. It is further submitted that during the pendency of the present writ petition, the Central Government has framed the Rules known as Arms Rules, 2016 while exercising its power under Section 44 of the Arms Act.
3. It is further submitted that the order passed in the W.P. No. 3268 (MB) of 2012 has been modified by this Court vide its order dated 28.11.2017. The operative portion of the order dated 28.11.2017 is being quoted hereinbelow for ready reference:-
"It is open to the petitioners to make fresh applications in the prescribed form under the Rules, 2016. The concerned authority shall deal with their applications, as and when made, within a period of twelve weeks from the date of the receipt of their applications, in accordance with the Rules, 2016. In view thereof, the orders, whereby the petitioners' applications came to be rejected, shall render ineffective and the concerned authority shall consider their fresh applications uninfluenced by those orders. If the State Government make any attempt to implement their orders issued from time to time, it is open to the aggrieved persons to take appropriate remedy against such action. These petitions are accordingly disposed of."
4. It is further submitted that the impugned orders may be quashed and the petitioner may be given liberty to move a fresh application for grant of Arms License and the opposite parties may be directed to decide the same in accordance with the Arms Rules, 2016 as directed by this Court in its judgment dated 28.11.2017.
5. Learned standing counsel has no objection to the prayer made by learned counsel for the petitioner.
6. Considering the submission raised by learned counsel for the parties, going through the records of the case and the judgment of this Court dated 28.11.2017, the orders dated 18.09.2015 & 06.06.2015 passed by opposite party no. 2 i.e. Commissioner, Faizabad Division, Faizabad and the opposite party no. 3 i.e. District Magistrate, Ambedkar Nagar respectively are hereby quashed.
7. The petitioner is given liberty to make a fresh application in the prescribed form under the Arms Rules, 2016.
8. The concerned authority shall decide the application preferred by the petitioner in accordance with law, within a period of four months from the date of receipt of the application.
9. In the result, the writ petition is allowed.
10. The judgment/order dated 28.11.2017 passed in W.P. No. 828 (M/B) of 2015 be treated as part of the record.
Order Date :- 25.8.2022
Nitesh
