Lalta Prasad vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Lalta Prasad vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to the review-applicant/petitioner to file statutory appeal under Section 18 of the Arms Act, 1959 before the Appellate Authority (Commissioner, Prayagraj Division, Prayagraj) within three weeks along with certified copy of the order, with a direction that the Appellate Authority decide the appeal on merits, most expeditiously and preferably within three months.

Issue for consideration

Whether the review application against the judgement and order dated 01.08.2025 should be dismissed with liberty to the applicant to file a statutory appeal before the Appellate Authority (Commissioner, Prayagraj Division, Prayagraj) against the District Magistrate's rejection of his firearm licence application.

Court's answer

The review application is disposed of, permitting the review-applicant/petitioner to file a statutory appeal as provided under Section 18 of the Arms Act, 1959 before the Appellate Authority (Commissioner, Prayagraj Division, Prayagraj) within three weeks, along with a certified copy of the order.

Ratio / Principle

In case the appeal is filed, the Appellate Authority will decide the appeal on merits strictly in accordance with law most expeditiously and preferably within a period of three months thereafter.

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J., December 1, 2025), Civil Misc Review Application No. 345 of 2025, Lalta Prasad v. State of U.P. and 2 Others: Review/recall application against the judgement and order dated 01.08.2025 in Writ C No.25369 of 2025, which had challenged the District Magistrate, Prayagraj's order dated 29.03.2025 rejecting the applicant's firearm licence application. On an unopposed prayer (Standing Counsel raised no objection), the court disposed of the review application permitting the applicant to file a statutory appeal under Section 18 of the Arms Act, 1959 before the Appellate Authority, i.e., Commissioner, Prayagraj Division, Prayagraj, within three weeks, with a certified copy of the order; the Appellate Authority was directed to decide the appeal on merits strictly in accordance with law most expeditiously, preferably within three months. No adjudication on the merits of the licence rejection.

HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION No. - 345 of 2025

Lalta Prasad

.....Applicant(s)

Versus State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Mohan Lal Pandey Counsel for Opposite Party(s) : C.S.C.

Court No. - 2

HON'BLE PRAKASH PADIA, J.

The present review/recall application has been filed against the judgement and order dated 01.08.2025 passed in Writ C No.25369 of 2025 (Lalta Prasad Vs. State of U.P. and others). In the aforesaid writ petition, the order dated 29.03.2025 passed by the District Magistrate, Prayagraj by which application for grant of firearm license has been rejected is under challenge.

Though various grounds were taken in the present review application to review the aforesaid order but ultimately a prayer has been made to dismiss the present review application with liberty to the reviewapplicant/petitioner to file appeal before the Appellate Authority, i.e., Commissioner Prayagraj Division Prayagraj against the order dated 29.03.2025 passed by the District Magistrate, Prayagraj by which application for grant of firearm license has been rejected.

This prayer has not been opposed by the learned Standing Counsel.

In this view of the matter, the present review application is disposed of permitting the review-applicant/petitoner to file statutory appeal as provided under Section 18 of the Arms Act, 1959 before the Appellate Authority, i.e., Commissioner Prayagraj Division Prayagraj within a period of three weeks from today along with certified copy of this order. In case, the review-applicant/petitioner does so, the Appellate Authority will decide the appeal on merits strictly in accordance with law most expeditiously and preferably within a period of three months thereafter.

(Prakash Padia,J.)

December 1, 2025 saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad