Shri Moinuddin Mashayoak Ansari Since ... vs The Commissioner Of Police Solapur Icty ...
2024 Latest Caselaw 13922 Bom

Bombay High Court

Shri Moinuddin Mashayoak Ansari Since ... vs The Commissioner Of Police Solapur Icty ... on 3 May, 2024

Author: A. S. Chandurkar

Bench: A.S. Chandurkar

2024:BHC-AS:21279-DB


                                                                              38-WP-3863-2024.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 3863 OF 2024

            Moinuddin Mashayak Ansari (decd.)
            Thr. Lrs. Moinuddin Ansari                                        ...Petitioner
                   Versus
            1. The Commissioner of Police, Solapur City, Solapur

            2. The Commissioner Office of Police,
               Solapur Licnese Section Room-5(1), Solapur

            3. The State of Maharashtra
               Through the Minister,
               Home Department Mantralaya, Mumbai & Ors.                     ...Respondents
                                         __________

            Mr. Ashok Tajane a/w B. Shinde, for the Petitioner.
            Ms. S. D. Vyas, Addl. G.P. a/w Ms. R. A. Salunkhe, AGP for Respondent
            Nos.1 to 3.
                                           __________


                                                CORAM: A.S. CHANDURKAR &
                                                        JITENDRA JAIN, JJ.

DATE: 3rd May, 2024

Oral Judgment :- (Per A. S. Chandurkar, J.)

1. Rule. Rule made returnable forthwith and heard.

2. Heard the learned counsel for the petitioner as well as the

learned Assistant Government Pleader for the respondents.

3. The petitioner's father was holding a license that authorised him

to possess Arms. On 30 September 2019 he made an application for

Kiran Kawre

38-WP-3863-2024.doc

transferring the license in the name of his son. The Administrative

Officer, Police Commissionerate, Solapur, on 14 January 2020 rejected

that application. Being aggrieved, the son has filed an appeal before

the State Government challenging the same. Along with the appeal an

application for condonation of delay as well as application for grant of

interim relief has been filed.

4. The learned counsel for the petitioner submits that though the

said proceedings have been filed in January 2024, the same has not

been entertained and decided.

5. Considering the facts of the case, it is directed that respondent

No.3, the competent authority shall consider and decide the appeal

preferred by the petitioner on its own merits and in accordance with

law within a period of eight weeks of receiving copy of this order. The

appeal shall be decided after hearing the petitioner. Till the said

appeal is decided no coercive steps to be taken against the petitioner,

pursuant to the order dated 14 January 2020. All points are kept

open.

6. Rule is disposed of in the above terms with no order as to costs.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.]

Kiran Kawre