The High Court directed the District Magistrate, Allahabad, to decide on the petitioner's application to extend the area of validity of his arms license to the entire state of Uttar Pradesh within three months.
Directed the Licensing Authority to decide on the application to extend the license area to the state within three months.
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Court No. - 36
Case :- WRIT - C No. - 26394 of 2018
Petitioner :- Noorul Haque Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.K.Ojha Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The prayer in the present petition is to issue direction to the respondent No.2 namely the Licensing Authority i.e. the District Magistrate, Allahabad to consider the request of the petitioner for extension of area of validity of Arms License No.396, Thana, Utrao, Allahabad namely Pistol No.1839/70, 32 bore.
Submission is that the petitioner has moved an application in this regard on 1.1.2018 and the District Magistrate, Allahabad is the competent licensing Authority to take decision under Rule 19(1) of the Arms Rules, 2016 read with Schedule II Column V attached with the Arms Act, 1959.
Considering the provisions of the aforesaid Schedule and the Arms Rules 2016, this Court is of the view that the District Magistrate, Allahabad is required to take a decision on the application moved by the petitioner for extension of area of validity of arm license to the entire State of U.P.
An expeditious decision, in accordance with law, is required to be taken, preferably, within a period of three months from the date of submission of certified copy of this order, after seeking the requisite reports.
The writ petition is, accordingly, disposed of.
Order Date :- 9.8.2018 Jyotsana
1 issue framed by the court
Whether the District Magistrate, Allahabad is competent to extend the area of validity of an arms license under the Arms Rules, 2016.
2 provisions across 2 enactments
Noorul Haque
State Of U.P.
Sunita Agarwal
As recorded by the court registry
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