Shivam Awasthi Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Shivam Awasthi Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the petition was dismissed, with liberty reserved to the petitioner to apply for a fresh arms licence, if so advised.

Issue for consideration

Whether the order dated 05.10.2024 rejecting the petitioner's application for grant of arms licence, mainly on the ground that the application filed was unfilled in various columns, was liable to be interfered with in writ jurisdiction.

Court's answer

On perusal of the original record produced by the learned Standing Counsel, showing the application signed by the petitioner to be blank in the columns indicated in the impugned order, the Court found no reason to disbelieve the record and dismissed the petition.

Ratio / Principle

Because the application in the present case was rejected on account of the form being unfulfilled (and not for want of any plea of imminent danger to life), the Patna High Court judgments relied upon by the petitioner cannot benefit him.

Key takeaways

The petitioner was granted liberty to apply for a fresh arms licence, if so advised.obiter¶12

Detailed headnote1 paragraphs

Arms licence - Application for grant of arms licence rejected by order dated 05.10.2024 mainly on the ground that the application filed was unfilled in various columns - Learned Standing Counsel produced the original record containing the application signed by the petitioner, which was blank in the columns indicated in the impugned order - Court, on perusal of the original record, found no reason to disbelieve it and dismissed the writ petition - Reliance by petitioner on Patna High Court rulings in Manish Kumar and Others v. The State of Bihar, (2015) 08 PAT CK 0107, and Sundram Tiwari @ Sundram Kumar v. The State of Bihar & others (holding there is no requirement to plead eminent danger to life in the application), held not to benefit the petitioner, since the rejection here proceeded on the form being unfulfilled - Liberty granted to apply for fresh licence, if so advised. (Single Judge, Pankaj Bhatia, J.; decision dated 27.1.2025)

Neutral Citation No. - 2025:AHC-LKO:5130

Court No. - 7 Case :- WRIT - C No. - 307 of 2025 Petitioner :- Shivam Awasthi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Mahendra Kumar Dwivedi,Prem Shankar

Counsel for Respondent :- C.S.C.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the record.

The present petition has been filed challenging the order dated 05.10.2024, whereby the application for grant of arms licence was rejected mainly on the ground that application filed was unfilled in various columns.

Learned counsel for the petitioner argues that his application is on record as Annexure no.4, wherein all the columns were filled.

Learned counsel for the petitioner has placed reliance on the judgement of the Patna High Court passed in the case of Manish Kumar and Others vs. The State of Bihar, (2015) 08 PAT CK 0107 , wherein the court held that there is no requirement to plead in the application that there was eminent danger to the life, which is the ground of refusal, which is bad in law. He also places reliance on the judgement in the case of Sundram Tiwari @ Sundram Kumar Vs. The State of Bihar & others, wherein similar view as taken.

Learned Standing Counsel has produced the original record, which contains application signed by the petitioner and which is blank in the columns as indicated in the impugned order.

On perusal of the original record, this Court is no reason to disbelieve the same. As such the petition is dismissed .

In the present case, application has been rejected on account of the form being unfulfilled, thus the judgements cannot in the benefit of the petitioner.

The petitioner may apply for fresh licence, if so advised.

Order Date :- 27.1.2025/Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench