Disposed

Ajay Raj Singh v. State of U.P. and Another

Allahabad HC10 Aug 2018WRIC/27173/2018

Case brief

AI extract

What is this about?

The High Court held that the licensing authority is bound by law to decide the application for grant of a fire-arm licence within a stipulated period of time as per Rules 13 and 14 of the Arms Act, 2016. The court directed the respondent to decide the pending application within three months.

What did the court decide?

Directed the respondent number 2 to decide the application for grant of fire-arm licence preferably within three months from the date of receipt of the certified copy of this order.

Ajay Raj Singh Vs State of U.P. and Another — Service and Employment | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - C No. - 27173 of 2018

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Petitioner :- Ajay Raj Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kunwar Mayank Singh Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Kunwar Mayank Singh, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.

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The application of the petitioner for grant of fire-arm licence is pending before the respondent No.2. Learned counsel for the petitioner submits that the application has not been decided by the respondent No.2. Learned counsel for the petitioner submits that the authorities are bound by the mandate of law to decide the application for grant of fire-arm licence within a stipulated period of time. He draws attention to Rules 13 and 14 of the Arms Act, 2016 as amended by (Amendment) Rules, 2017 framed under the Arms Act, 1959. He submits that the application is liable to be decided within a stipulated period of time.

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Learned Standing Counsel does not have any serious objection the aforesaid prayer.

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The record of the writ petition discloses that the application for grant of fire-arm licence is pending before the respondent No.2. The application was filed on 08.2.2018. The Rules 13 and 14 of the Arms Act, 2016 are extracted hereunder for ease of reference: "13. Grant of licences.-(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

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(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2A). The licensing authority, after such enquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same;

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Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.

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(3) The licensing authority shall grant-

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(a) a licence under section 3 where the licence is required-

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(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection;

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Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection; or

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(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognized by the

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Central Government;

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(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

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Refusal of licences.- (1) Notwithstanding anything in section 13, licensing authority shall refuse to grant-

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(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

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(b) a licence in any other case under Chapter II,-

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(i) where such licence is required by a person whom the licensing authority has reason to believe-

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(1) to be prohibited by this Act, or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

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(2) to be of unsound mind, or

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(3) to be for any reason unfit for a licence under this Act; or

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(ii) where the licensing authority deems fit necessary for the security of the public peace or for public safety to refuse to grant such licence.

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(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

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(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any

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case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement."

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On receipt of an application for grant of a licence under sub-section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officerin-charge of the nearest police station on that application, such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him."

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In view of the submissions at the bar, the respondent No.2 is directed to decide the application for grant of fire-arm licence submitted by the petitioner, preferably, within a period of three months from the date of receipt of a certified copy of this order.

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With the aforesaid direction, the writ petition is disposed of.

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Order Date :- 10.8.2018 Pramod

Ajay Raj Singh v. State of U.P. and Another

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Ajay Raj Singh v. State of U.P. and Another

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