Shivam Singh And Another vs State Of Up And 3 Others
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Allahabad High Court

Shivam Singh And Another vs State Of Up And 3 Others on 1 May, 2024

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77942
 
Court No. - 6
 

 
Case :- WRIT - C No. - 14413 of 2024
 

 
Petitioner :- Shivam Singh And Another
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Zafar Abbas
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Pathak,J.
 

1. At the outset, learned counsel for the petitioners prays for and is permitted to implead Election Commission of India as respondent no. 5 in the cause title of the instant writ petition during the course of the day.

2. Heard learned counsel for the petitioners, Sri Jitendra Ojha, learned counsel for the Election Commission of India and the learned Standing Counsel.

3. Instant writ petition has been filed by the petitioners beseeching a writ of mandamus commanding the State authorities not to force them to deposit their firearms in view of forthcoming parliamentary election.

4. It is submitted that in view of the latest judgment passed by a co-ordinate Bench of this Court dated 22.03.2024 in Writ-C No.2844 of 2024 (Ravi Shankar Tiwari and 4 Others vs. State of U.P. through District Magistrate Amethi and 3 Others), the State authorities cannot force to deposit their firearm in the ensuing parliamentary election.

5. Learned Standing Counsel has contended that there is a Screening Committee headed by the District Magistrate to examine the relevance of keeping firearms with his licensee, therefore, grievance of the petitioners can more appropriately be redressed by the Screening Committee headed by the District Magistrate within stipulated period on the representation to be moved by the petitioners.

6. In this conspectus, as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case as mentioned in the present writ petition, with liberty to the petitioners to file a fresh representation along with certified copy of this order and self attested copy of the writ petition before the Screening Committee headed by the District Magistrate within two weeks from today, who shall examine the grievance of the petitioners in light of judgment passed by the co-ordinate Bench of this Court in the case of Ravi Shankar Tiwari (Supra), in accordance with law, expeditiously, preferably, within a period of one month from the date of receipt of such representation, if there is no other legal impediment.

7. With the aforesaid observation/direction, present writ petition is disposed of.

Order Date :- 1.5.2024

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