Petitioner sought quashing of arms licence rejection order. Court noted availability of alternative remedy via appeal under Section 18 of Arms Act and disposed of writ petition accordingly.
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Court No. - 34
Case :- WRIT - C No. - 1120 of 2023
Petitioner :- Sunny Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Awadh Bihari Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Awadh Bihari Pandey, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
This writ petition has been filed for quashing of the impugned order dated 1.11.2022 passed by the respondent no.2-District Magistrate, Kapur Nagar, by which arms licence of the petitioner was rejected.
It is pointed out by the learned Standing Counsel that the petitioner has alternative remedy to file an appeal under Section 18 of the Arms Act and the present writ petition is not maintainable.
However, it is provided that if the petitioner files an appeal before the Appellate Authority-Commissioner against the impugned order dated 1.11.2022, the same shall be decided on merits without raising any objection regarding limitation, within a period of three months from the date of its filing after giving opportunity to the parties concerned.
The writ petition is disposed of accordingly.
Order Date :- 13.1.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
Sunny Singh
State of U.P.
Another
Vipin Chandra Dixit
As recorded by the court registry
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