The High Court granted a writ to direct the District Collector of Bharatpur to decide a pending arms licence application within sixty days, citing a violation of the time limit prescribed under the Arms Rules, 2016.
DIRECTION to Respondent No.2 to pass a reasoned and speaking order on the application within sixty days.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19631/2024
Manoj Kumar Singh S/o. Shri Rajvir Singh, Aged About 41 Years, R/o. Mandapura, Tehsil Roopwass, Distt. Bharatpur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Singhal For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order
22/01/2025
This writ petition is filed seeking a direction to the respondent No.2, the District Collector and District Magistrate, Bharatpur to decide his pending application for grant of arms licence within a reasonable time.
Learned counsel for the petitioner submits that he had applied for grant of arm licence under the provisions of the Arms Act, 1959 vide application dated 19.03.2021 wherein, the police report was received on 13.07.2021. Inviting attention of this Court towards the provisions of Rule 13 of the Arms Rules, 2016 (for brevity “the Rules of 2016”), he would submit that the maximum period permissible for passing an order on an application is sixty days from the date receipt of the police report; but, in the instant case, despite receipt of the police report way back in the month of
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(2 of 3)
July, 2021, no decision has been taken on his application. He, therefore, prays that the respondent No.2 be directed to take a conscious decision on his application expeditiously.
Heard. Considered.
Rule 13 of the Rules of 2016 reads as under:-
“13. Time limit for grant of licence. - The
licensing authority, after considering the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a licence for permissible category of arms or ammunition specified in category III of Schedule I, to any person by recording in writing the reasons for such grant or refusal, by passing a speaking order, within a period of sixty days of the receipt of the police report:
Provided that the licensing authority shall specify, the type of arms and ammunition to be procured by the applicant after assessing the reason and the need for possession of the type of arms and ammunition applied for by the applicant, considering its lethality or fire-power.”
A perusal of the application submitted alongwith the writ petition reveals that the petitioner had applied for grant of arms licence on 19.03.2021 and the police report in his favour was furnished on 13.07.2021. Despite lapse of more than three and a half year, thereafter, the respondent No.2 is yet to take a decision on the application filed by the petitioner.
In these circumstances, this writ petition is disposed of in following term(s) without issuing notices to the respondents to obviate further delay:-
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Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/54
1 issue framed by the court
Whether the respondent is directed to pass a reasoned order on the petitioner's arms licence application within the statutory time limit.
1 provisions across 1 enactments
Manoj Kumar Singh
The State Of Rajasthan
Distt. Magistrate And Collector, Distt. Bharatpur
Superintendent Of Police, Distt. Bharatpur
Mahendar Kumar Goyal
As recorded by the court registry
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