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

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

What the court decided

AI extract

Outcome

Direction to respondent No.2/District Magistrate, Prayagraj to decide the petitioner's firearm licence application dated 07.01.2025 (File No.6) as per Government Order dated 10.03.2025, most expeditiously and preferably within six weeks of production of a certified copy of the order, unless there is no legal impediment; any decision already taken on the application to be communicated to the petitioner forthwith.

Issue for consideration

Whether respondent No.2/District Magistrate, Prayagraj should be directed to decide the petitioner's pending application dated 07.01.2025 (File No.6) for grant of Firearm Licence. +1 more

Court's answer

The petition is disposed of with a direction to respondent No.2/District Magistrate, Prayagraj to decide the application dated 07.01.2025 (File No.6) for grant of Firearm Licence as per Government Order dated 10.03.2025, most expeditiously and preferably within six weeks from the date of production of certified copy of the order, unless there is no legal impediment.

Ratio / Principle

If the District Magistrate, Prayagraj has already taken a decision on the aforesaid application, that decision shall be communicated to the petitioner forthwith.

Key takeaways

The Court observed that although the Arms Act and the Rules themselves prescribe timelines within which firearm licence applications are to be decided, District Magistrates are not honouring these timelines, resulting in a flood of litigation before the Court; pursuant to earlier orders, the Government issued a Government Order dated 10.3.2025 directing all District Magistrates to comply with those timelines.obiter¶15

Detailed headnote1 paragraphs

Writ petition (WRIT-C No. 41257 of 2025, High Court of Judicature at Allahabad, Court No. 2, Prakash Padia, J., decided December 1, 2025) in which Kashi Nath sought a direction to respondent No.2/District Magistrate, Prayagraj to decide his firearm licence application dated 07.01.2025 (File No.6), which had lain undecided for considerable time. The Court noted that the Arms Act and the Rules prescribe timelines for deciding such applications but District Magistrates were not honouring them, generating a flood of similar writs, and that the Government had issued a Government Order dated 10.3.2025 directing all District Magistrates to comply with those timelines. Disposing of the petition, the Court directed the District Magistrate, Prayagraj to decide the application as per the Government Order dated 10.03.2025 most expeditiously and preferably within six weeks of production of a certified copy of the order, unless there is no legal impediment, and further directed that any decision already taken be communicated to the petitioner forthwith.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 41257 of 2025

Kashi Nath

.....Petitioner(s)

Versus

State of U.P. and Another

Counsel for Petitioner(s)	: Gopal Krishna Dwivedi .....Respondent(s)
Counsel for Respondent(s)	: C.S.C.

Court No. - 2

HON'BLE PRAKASH PADIA, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner has preferred the present petition with the prayer to direct the respondent No.2/District Magistrate, Prayagraj to decide the application dated 07.01.2025 (File No.6) for grant of Firearm License to the petitioner.

It is argued by learned counsel for the petitioner that the application for grant of firearm license has been submitted by the petitioner on 07.01.2025 before the respondent No.2/District Magistrate, Prayagraj. It is argued that considerable time has already been lapsed but till date no final decision has been taken in the matter.

On the other hand, it is argued by learned Standing Counsel that the respondent No.2 will take a decision in the matter expeditiously.

Heard learned counsel for the parties and perused the record.

Time and again such kind of matters are coming before this Court for deciding the application for grant of Firearm License which are pending before the District Magistrate concerned. The Arms Act and the Rules itself provide the timeline within which such applications are to be decided. However, the aforesaid timeline are not being honoured by the District Magistrate concerned and as a result of the same, flood of litigation are coming before this Court for seeking direction that the application for grant of fire arms license/renewal/transfer of arms license

WRIC No. 41257 of 2025

2

be decided in a time bound manner. The Court has passed various orders in such type of matters and pursuant to the decision taken by this Court, the Government has issued a Government Order dated 10.3.2025 directing all the District Magistrates to comply with the timelines provided for consideration of the application for grant of firearm license.

In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Magistrate, Prayagraj to decide the aforesaid application as per Government Order dated 10.03.2025 most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order unless there is no legal impediment.

In case, decision has already been taken by the District Magistrate, Prayagraj on the aforesaid application, the same will be communicated to the petitioner forthwith.

(Prakash Padia,J.)

December 1, 2025 saqlain

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