Dismissed

Prashant Kumar Yadav @ Veeru Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC21 Mar 2024WRIC/2748/2024

Case brief

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What is this about?

Petitioner sought a writ direction to the District Magistrate, Lucknow to expeditiously decide his application for an arms licence, citing threat to life as a businessman. The court found no extraordinary circumstances shown within four months and declined to issue directions, dismissing the petition but leaving him free to seek urgency before the licensing authority.

What the court decided

AI extract

Prashant Kumar Yadav @ Veeru Yadav… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:25011

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Court No. - 6

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Case :- WRIT - C No. - 2748 of 2024

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Petitioner :- Prashant Kumar Yadav @ Veeru Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Petitioner :- Sanjay Bharti,Vinod Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Sri Sanjay Bharti, learned counsel for petitioner as well as learned Standing Counsel for respondents.

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By means of present writ petition, the petitioner has prayed for a direction to the licensing authority i.e. district Magistrate, Lucknow to consider and decide his application for grant of arms license expeditiously.

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It has been submitted that petitioner is a business man running a shop dealing in mobile phones and returns from his shop at odd hours during which he has threat to his life and liberty and consequently has moved an application for grant of arms license.

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Considering the fact that the application was moved by the petitioner only on 16.11.2023 and only four months time have passed and subsequent to his filing there is no mention of any attack or any threat perception necessitating interference of this Court so as to direct District Magistrate to consider and decide his application within stipulated time.

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This Court is of the considered view that unless there are extra-ordinary circumstances demonstrated by the petitioner, such directions cannot be made to the licensing authority in a routine manner. Nonetheless the licensing authority is also duty bound to consider and decide the applications expeditiously in accordance with law.

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In light of the aforesaid observations, this Court declines to exercise its power under Article 226 of the Constitution of India, accordingly, the writ petition is dismissed .

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In case, the petitioner feels that there is urgency in the matter, he is at liberty to move appropriate application before the District Magistrate demonstrating the said urgency and if such

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an application is made, the District Magistrate shall proceed to consider and decide the same expeditiously.

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(Alok Mathur, J.)

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Order Date :- 21.3.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Prashant Kumar Yadav @ Veeru Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What the court decided

Prashant Kumar Yadav @ Veeru Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What the court decided

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