The single judge dismissed the petition challenging the cancellation of the petitioner's firearm licence, noting the petitioner had an alternative remedy of filing an appeal under Section 18 of the Arms Act.
Writ petition dismissed; petitioner allowed to file appeal under Section 18 of Arms Act.
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Court No. - 28
Case :- WRIT - C No. - 9252 of 2019
Petitioner :- Jalleel Ahmad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri B.K. Pandey, learned counsel for petitioner and Shri S. Shekhar, learned Standing Counsel for respondents.
Petitioner's fire-arm licence was cancelled by licencing authority earlier, against which an appeal was filed by petitioner, the same was also rejected. He filed a writ petition, Writ C No.48989 of 2013. The said petition was allowed by order dated 04.12.2017 and matter was remitted back to the licencing authority to pass order afresh within three months. Thereafter, licencing authority has again cancelled fire-arm licence of petitioner by order impugned dated 12.06.2018.
Shri Pandey, counsel for petitioner submits that licencing authority had again cancelled fire-arm licence on the same ground, which was set aside by this Court.
Shri S. Shekhar, learned Standing Counsel points out that petitioner has an alternative remedy of filing an appeal under Section 18 of the Arms Act.
In view of the fact that petitioner has an alternative remedy for filing an appeal.
The writ petition is dismissed .
However if petitioner prefers an appeal within a month, the appellate authority shall not go into the question of limitation and decide the appeal on merits.
Order Date :- 15.3.2019 A.N. Mishra
1 issue framed by the court
Whether the petitioner has an alternative remedy via appeal under Section 18 of the Arms Act.
1 provisions across 1 enactments
Jalleel Ahmad
State Of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
