Allowed

Vinod Kumar Kuril v. State of U.P. and 2 Others

Allahabad HC24 Jul 2018WRIC/23246/2018

Case brief

AI extract

What is this about?

Writ petition challenged rejection of fire-arm license transfer application made to District Magistrate Kanpur Nagar. Court found rejection based on wrong jurisdictional premises unsustainable. Order quashed, matter remitted within three months.

What did the court decide?

Impugned order dated 5.2.2016 quashed; matter remitted to Licensing Authority Kanpur Nagar to consider application and pass fresh order within three months.

Vinod Kumar Kuril Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 36

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Case :- WRIT - C No. - 23246 of 2018

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Petitioner :- Vinod Kumar Kuril Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Chandra Dwivedi,Ashish Kumar Dubey

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Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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Supplementary affidavit today is taken on record.

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The latches in filing the writ petition has been sufficiently explained.

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In the supplementary affidavit, the license granted in favour of the petitioner's father is appended so as to demonstrate that the area of operation of the said licence was the "whole India" and that the license was renewed uptil the year 2010.

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The application for transfer of license in the name of the petitioner on the ground of inheritance has been rejected vide order dated 5.2.2016 by the District Magistrate/Licensing Authority, Kanpur Nagar on the wrong premises that the license granted by the District Magistrate, Hamipur cannot be transferred by the Licensing Authority at Kanpur Nagar.

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As per Schedule II under the Arms Act, 1959, the District Magistrate is the Licensing Authority within the area of his jurisdiction i.e. the district concerned and also for the entire state of U.P. (as authorised by the State Government).

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It is also open for the District Magistrate concerned to restrict the area of operation of fire-arm licence i.e. to keep it within the area of his jurisdiction.

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The fact that the license in the name of the petitioner's father was initially issued by the Licensing Authority at Hamirpur would not be a ground to reject the application for transfer of license inasmuch as, the transfer has to be made by the Licensing Authority having jurisdiction within the area of residence of the applicant.

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Learned Standing Counsel for the respondents though tried to defend the order impugned but has not been able to dispute the submission of learned counsel for the petitioner that the application for transfer of fire-arm license could not have been rejected on the grounds mentioned in the order impugned.

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For the above noted reasons, the order impugned dated 5.2.2016 is found suffering from patent illegality. The same is, therefore, quashed. The matter is being remitted to the Licensing Authority, Kanpur Nagar to consider the application and pass a fresh order keeping in view of the provisions of the Arms Act 1959 read with Schedule II appended thereto within a period of three months from the date of presentation of certified copy of this order.

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It goes without saying that before passing the fresh order in the matter of transfer of fire-arm licence, the Licencing Authority would be under obligation to verify the credentials of the petitioner from the concerned Authority.

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The writ petition is, accordingly, disposed of .

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Order Date :- 24.7.2018 Jyotsana

Vinod Kumar Kuril v. State of U.P. and 2 Others

Case brief

What is this about?

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Vinod Kumar Kuril v. State of U.P. and 2 Others

Case brief

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