Disposed

Ajay Kumar Kesarwani v. State of U.P. and Another

Allahabad HC6 Jan 2025WRIC/43617/2024

Case brief

AI extract

What is this about?

This was a writ petition filed for the grant of an arms licence which remained pending with the Licensing Authority for over five years. The High Court directed the authority to decide the application within three months and imposed compensation for delay if the order is not passed.

What did the court decide?

Directed the Licensing Authority to decide the petitioner's application within three months and imposed compensation of Rs. 100 per day for delay beyond two months.

Ajay Kumar Kesarwani vs State of U.P. and Another — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:2227

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Court No. - 33

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Case :- WRIT - C No. - 43617 of 2024

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Petitioner :- Ajay Kumar Kesarwani Respondent :- State of U.P. and Another Counsel for Petitioner :- Kamlesh Kumar Tiwari,Kripa Shankar Pandey,Pradeep Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the petitioner and learned Standing Counsel.

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The writ petition is filed with the following prayer :-

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" i) Issue a writ order or direction in the nature of mandamus direct to District Magistrate/Licensing Authority, Prayagraj/respondent no. 2 to decide the petitioner's application dated 01.10.2019 for grant of license of Revolver/Pistol. "

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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 2019, however, till date the aforesaid application of the petitioner has not been decided by the concerned authority.

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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.

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

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Considering the circumstances of the case and the fact that

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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 three 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.

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

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Order Date :- 6.1.2025 VMA

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Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Ajay Kumar Kesarwani v. State of U.P. and Another

Case brief

What is this about?

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Ajay Kumar Kesarwani v. State of U.P. and Another

Case brief

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What did the court decide?

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