Disposed

Mohd. Ilfaz v. State of U.P. and Another

Allahabad HC1 May 2020WRIC/8209/2020

Case brief

AI extract

What is this about?

In-chamber order disposing of a writ petition challenging a notice for cancellation of a firearm licence. The court dispensed with formal appearance due to COVID-19 restrictions and directed the petitioner to file a reply to the District Magistrate within two weeks, reserving the final decision to the licensing authority.

What did the court decide?

Petitioner directed to file a reply to the impugned notice within two weeks; final decision to be taken by the District Magistrate.

Mohd. Ilfaz Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2020)

¶1

In Chamber Case :- WRIT - C No. - 8209 of 2020 Petitioner :- Mohd. Ilfaz Respondent :- State of U.P. and Another Counsel for Petitioner :- Sharad Saran Srivastava Counsel for Respondent :- C.S.C.

¶2

Hon'ble Ashwani Kumar Mishra,J.

¶3

This petition is placed before the Court in Chambers by the Registry, as the precautions required to be taken up in view of the COVID-19 pandemic requires various strict measures, including following of social distancing etc. Consequently, the appearance of parties and their counsel/s is dispensed with. I have perused the records.

¶4

This petition is directed against a notice dated 22.10.2019, passed by the District Magistrate, Kaushambi, issuing notice for cancellation of petitioner's firearm licence on the ground that firearm itself has been misused. Reliance is placed upon three criminal cases registered against the petitioner. A direction has also been issued to deposit the firearm.

¶5

Notice in that regard has been challenged on the ground that petitioner has already been bailed out and that civil dispute in respect of property in question is pending.

¶6

Be that as it may, at this stage only notice has been issued to the petitioner. The notice dated 22.10.2019 has been issued by the competent authority. In such circumstances, remedy of the petitioner would be to file a reply/objection to the notice issued by the District Magistrate concerned. Petitioner would be at liberty to file a reply/objection, annexing all materials in support of his claim, if not already filed, within two weeks from today alongwith copy of this order. The District Magistrate concerned shall proceed thereafter in accordance with law after considering petitioner's reply. A final decision in the matter would be taken by the authority concerned within a period of two months from the date of resumption of regular functioning of the office concerned. In case petitioner has not already deposited the firearm, the same shall be deposited with any licenced gun dealer as and when such shops reopen after Lockdown due to COVID-19 and receipt of deposit of firearm licence would be submitted to the authority concerned. All issues raised by the petitioner shall be dealt with in accordance with law.

¶7

With the aforesaid observations/directions this petition stands disposed of.

¶8

The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

¶9

Order Date :- 1.5.2020 Ashok Kr.

Mohd. Ilfaz v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohd. Ilfaz v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lallan Prasad and Another Vs Board of Revenue U.P. at Allahabad and 3 Others

Pushpa Rai Vs Deputy Director of Consolidation, Varanasi and 2 Others

Phulgena Vs Board of Revenue U.P. and 5 Others

Adnan Vs State of U.P. and Another

Rohit Singh Vs Up Ziladhikari Ballia and 3 Others

Mool Chand and 2 Others Vs State of U.P. and 3 Others