Harnam Singh vs Ut Of J&K And Ors
2023 Latest Caselaw 2205 j&K

                                                                       Sr.No. 04


                 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT JAMMU


                                                    LPA No. 32/2023


Harnam Singh                                              .... Appellant(s)/Petitioner(s)

                     Through :- Mr. Sarfraz Hamid Rather, Advocate.


           V/s

UT of J&K and Ors.                                                    ....Respondent(s)


                     Through :- Ms. Monika Kohli, Sr. AAG.

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
                                    ORDER

07.10.2023.

1. This intra-court appeal is directed against order and judgment dated

17.01.2023 passed by a learned Single Judge of this Court ["the Writ Court"]

in WP(C) No. 55/2023 titled "Harnam Singh v. UT of J&K and Ors." whereby

the Writ Court has dismissed the writ petition on the ground of delay and latches

but has permitted the respondents to consider the case of the appellant, if

pending.

2. Learned counsel for the appellant fairly submits that though there was

delay in approaching the respondents for transfer of gun license which was

issued in favour of his father yet his case was considered by the office of District

Magistrate, Udhampur but the same could not be taken to logical end due to

misplacement of the record of the gun license in the office of Sub-Divisional

Magistrate, Mahore.

3. The attention of this Court is invited to a communication of the

Additional District Magistrate, Reasi issued vide No. DM/Rsi/4492 Dated

24.02.2018 whereby the request of the appellant for transfer of gun license in his

favour has been forwarded to the District Magistrate, Udhampur for

consideration.

4. Having regard to the facts and circumstances of the case, in particular

the fact, that the request of the appellant for transfer of gun license in his favour

is not finally considered by the District Magistrate, Udhampur, we dispose of

this appeal by providing as under:

(1) The District Magistrate, Udhampur shall take note of communication of the

Additional District Magistrate, Reasi dated 24.02.2018 (Supra) and take a final

decision in the matter.

(2) The District Magistrate, Udhampur shall take into account the fact that the

license of gun issued in the favour of the appellant's father has been misplaced in

the office of Sub-Divisional Magistrate, Mahore, District Reasi and, therefore, if

permissible, a duplicate gun license is required to be prepared.

The Deputy Commissioner shall take the case of the appellant for

issuance of duplicate license and transfer the same in the name of the appellant

to a logical end within a period of two months from the date a copy of this order

is served upon the Deputy Commissioner.

5. The impugned judgment passed by a learned Single Judge stands

modified to the aforesaid extent.

                                     (Mohan Lal)          (Sanjeev Kumar)
                                       Judge                   Judge

Jammu:
07.10.2023.
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