Petitioner sought extension of firearm licence area to all India from District Magistrate. Court held such power lies with State Government under Arms Rules and disposed petition granting liberty to apply to correct authority.
Liberty to move application before State Government authority with copy to District Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- WRIT - C No. - 13528 of 2018
Petitioner :- Fletcher Joseph Patel Respondent :- State Of U.P. And Another Counsel for Petitioner :- Awadhesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
The present petition has been filed for a direction upon the District Magistrate, Kanpur to extend the area limit of the firearm licence no. 13852 in respect of Revolver No. A-1325 of the petitioner to all India.
Learned Standing Counsel has submitted that the power to extend the area of operation of a licence to all India vests with the State Government and, therefore, the District Magistrate would have no jurisdiction to consider the prayer of the petitioner.
Schedule II of the Arms Rules, 2016 also provide that for grant of a licence having whole India operation power is with the State Government although renewal could be done at the level of District Magistrate.
Since the petitioner is claiming extension of the arms licence to all India level, it would be appropriate that the petitioner makes an application before the appropriate authority of the State Government, as per law.
Accordingly, this petition is disposed of by giving liberty to the petitioner to move an appropriate application before the authority of the State Government with copy to the District Magistrate concerned, which shall be considered in accordance with law.
Order Date :- 16.4.2018 Sunil Kr Tiwari
2 issues framed by the court
Whether District Magistrate has jurisdiction to extend firearm licence area to all India.
Whether such extension is vested with State Government under Arms Rules 2016.
Fletcher Joseph Patel
State Of U.P.
Manoj Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
