Smt. Pratibha Tiwari @ Shanti Tiwari v. State of U.P. Thru. Prin.Secy. Home and Anr.

Allahabad HC16 Jan 2024WRIC/1002358/2015

Case brief

AI extract

What is this about?

Firearm licence; mandamus; release of deceased licensee's rifle; Arms Rules 2016; licence application not traceable; writ petition disposed with liberty to apply afresh and two-month decision timeline; WRIT - C No. 1002358 of 2015; Allahabad High Court, Lucknow Bench; Abdul Moin, J.; 2024:AHC-LKO:4244.

What did the court decide?

Liberty to apply for a firearms licence in accordance with the Arms Rules 2016; if the application is made within two weeks, the competent authority to decide it in accordance with law within two months. ¶¶11

Smt. Pratibha Tiwari @ Shanti Tiwari Vs State of U.P. Thru. Prin.Secy. Home and Anr. — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:4244

¶2

Court No. - 5 Case :- WRIT - C No. - 1002358 of 2015 Petitioner :- Smt. Pratibha Tiwari @ Shanti Tiwari Respondent :- State Of U.P. Thru. Prin.Secy. Home And Anr. Counsel for Petitioner :- Ravi Singh Sisodiya,Chandan Srivastava

¶3

Counsel for Respondent :- C.S.C.

¶4

Hon'ble Abdul Moin,J.

¶5

1. Heard.

¶6

Instant petition has been filed praying for a mandamus commanding the respondents to issue firearm license to the petitioner and further to direct the District Magistrate to release the rifle issued to the petitioner's husband late Nand Kumar Tiwari in favour of the petitioner.

¶7

The contention of learned counsel for the petitioner is that the husband of the petitioner, who was having an arms license of rifle in his name was murdered on 09.12.2011. The weapon issued in the name of the petitioner's husband was deposited with a Gun House in Faizabad. The petitioner claims to have applied for a firearm license in her name but to no avail which has resulted in filing of the instant writ petition.

¶8

This Court vide order dated 06.05.2015 had required learned Standing Counsel to file counter affidavit.

¶9

In the counter affidavit filed on behalf of the respondents, it has been indicated that the petitioner's application for grant of firearm license is not traceable.

¶10

Be that as it may, as the Arms rules 2016 have now come into force it would be open for the petitioner to apply for an arms license under the new rules.

¶11

Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to apply for a firearms license in accordance with 2016 Rules. In case such an application is made within two weeks from today then the competent authority shall proceed to decide the same in accordance with law within next two months.

¶12

Order Date :- 16.1.2024 A. Katiyar

¶13

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pratibha Tiwari @ Shanti Tiwari v. State of U.P. Thru. Prin.Secy. Home and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Pratibha Tiwari @ Shanti Tiwari v. State of U.P. Thru. Prin.Secy. Home and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sachiv Krishi Utpadan Mandi Samiti Rupaidiha Bahraich and Anr. Vs Radey Shyam Tiwari and Another

Sangit Kumar Nirmal Vs Addl. Chief Secy. Food and Civil Supply Deptt. U.P. Lko. and 6 Others

Smt. Arti Singh Vs District Magistrate, Distt. Raibareli and 3 Others

Vinod Kumar Upadhyay Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and 7 Others

Shalini Seth Vs Nishant Seth

Intezar Husain and Others Vs District Judge Hardoi and Another