Omkar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Omkar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the licencing authority (respondent no. 2) to decide the petitioner's pending application for grant of arms licence within two months from production of a certified copy of the order; failing disposal within that period, cost/compensation @ Rs.100/- per day of delay payable by respondent no. 2 at the first instance and recoverable from the salaries of erring officials, in addition to other legal remedies available to the petitioner.

Issue for consideration

Whether the licencing authority (respondent no. 2) should be directed to decide the petitioner's pending application for grant of arms licence / Fire Arm Appeal No.498 of 2024 within a stipulated time, and what consequence should follow if the authority fails to dispose of it within that period.

Court's answer

The Court directed that the petitioner's application for grant of arms licence shall be decided by the licencing authority within a period of two months from the date of production of a certified copy of the order.

Ratio / Principle

If the application for grant of arms licence is not disposed of within the two-month period, the petitioner would be entitled to cost/compensation @ Rs.100/- per day for each day of delay, to be paid by respondent no. 2 at the first instance and recoverable by respondent no. 2 from the salary of the erring officials; this cost/compensation is in addition to other legal remedies available to the petitioner.

Key takeaways

Observation: the large number of petitions before the Court seeking directions to consider arms licence applications indicates that licencing authorities are not considering such applications in a time bound manner, and the same may be indicative of red tapism, negligence or corrupt practices; citizen applications are required to be considered in a time bound manner.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), WRIT - C No. 3482 of 2025, order dated 7.2.2025 (Neutral Citation 2025:AHC:18109): On a petition seeking mandamus to dispose of the petitioner's arms licence application / Fire Arm Appeal No.498 of 2024 (Computerized Case No.C202412000000498, Omkar vs. State of U.P.) under Section 18, Arms Act, pending before respondent no. 2 since 06.03.2024, the Court noted that numerous such petitions suggest licencing authorities are not acting time-bound, possibly due to red tapism, negligence or corrupt practices. The Court directed that the application be decided within two months of production of a certified copy of the order; failing which the petitioner is entitled to cost/compensation of Rs.100/- per day of delay, payable by respondent no. 2 at the first instance and recoverable from the salaries of erring officials, in addition to other legal remedies. Writ petition disposed of.

Neutral Citation No. - 2025:AHC:18109

Court No. - 33

Case :- WRIT - C No. - 3482 of 2025

Petitioner :- Omkar Respondent :- State of U.P. and Another Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

The writ petition is filed with the following prayer:

" I. A writ, order or direction in the nature of Mandamus directing the respondent no.2 to decide the Fire Arm Appeal No.498 of 2024, Computerized Case No.C202412000000498 (Omkar vs. State of U.P.) under Section 18 of Arms Act filed by the petitioner, within some stipulated time which is pending before him since 06.03.2024."

It is submitted by learned counsel for the petitioner that the petitioner has applied for grant of arms licence before the respondent no. 2 in the year 2024, however, till date the aforesaid application of the petitioner has not been decided by the concerned authority.

It is to be seen that before this Court large number of petitions are being filed for directing the licencing authorities to consider the application for grant of arms licence of the applicants. The aforesaid large number of petitions are indicative of the fact that licencing authorities are not considering the applications for grant of arms licence in a time bound manner. The same may be indicative of red tapism, negligence or corrupt practices. The applications of the citizens are required to be considered by the authorities in a time bound manner so that citizens do not face any difficulty on account of pendency of their applications.

Learned Standing Counsel submits that application of the petitioner for grant of arms licence would be decided in a time bound manner.

Considering the circumstances of the case and the fact that application of the petitioner for grant of arms licence is pending consideration before the respondent no. 2, it is hereby directed that application for grant of arms licence of the petitioner shall be decided by the licencing authority within a period of two months from the date of production of certified copy of this order. It is hereby also provided that in the event the aforesaid application of the petitioner for grant of arms licence is not disposed of within the period herein above granted, the petitioner would be entitled to cost/compensation @ Rs.100/- per day (for each day delay after two months) which is to be paid by the respondent no. 2 at the first instance and the same would be recoverable by the respondent no. 2 from the salary of the erring officials. This cost/compensation is in addition to the other legal remedies available to the petitioner including the enforcement of the present order, accordance with law.

With the aforesaid observation/direction, the writ petition is disposed of.

Order Date :- 7.2.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad