Anup Kumar Mishra vs. State Of U.P. And Another
Held
The Court held that Rule 13 of the Arms Rules, 2016, clearly prescribes a time limit of 60 days for the consideration of a claim for a firearm license after the receipt of the police report. The Court found that the authorities had not complied with this statutory mandate. Consequently, the petition was disposed of with a direction to the second respondent (the competent authority) to forthwith examine the petitioner's claim and pass necessary orders in accordance with law within a period of two months from the date of presentation of a copy of the Court's order. The Court also directed the concerned authority to verify the authenticity of the computerized copy of the order from the official website and act accordingly without waiting for a certified copy.
Facts
The petitioner, Anup Kumar Mishra, operates a firm registered under the GST regime. He applied for a firearm license on January 14, 2019, citing the necessity for personal safety due to extensive travel at odd hours. The petitioner contends that his application has not been processed, despite Rule 13 of the Arms Rules, 2016, which mandates a decision within 60 days of receiving the police report. The petition was filed before the High Court of Allahabad challenging the inaction of the authorities in processing his application for the firearm license.
Key Issues
1. Whether the authorities have failed to comply with the statutory mandate prescribed under Rule 13 of the Arms Rules, 2016, regarding the timely disposal of an application for a firearm license? Petitioner's Contention: The petitioner argued that his application for a firearm license, filed on January 14, 2019, has not been decided within the stipulated period of 60 days as required by Rule 13 of the Arms Rules, 2016, framed under the Arms Act, 1959. He asserted that the authorities have failed to adhere to this statutory requirement, necessitating judicial intervention. Respondent's Contention: The learned Standing Counsel for the respondent stated that an appropriate decision would be taken in accordance with law by the competent authority. No specific arguments were made against the petitioner's claim regarding the delay or the applicability of Rule 13.
Sections Cited
Rule 13 of the Arms Rules, 2016, Arms Act, 1959
AI-generated summary — verify with the full judgment below
Court No. - 39 Case :- WRIT - C No. - 18359 of 2020 Petitioner :- Anup Kumar Mishra Respondent :- State of U.P. and Another Counsel for Petitioner :- Girdhar Prasad Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be running a firm which is duly registered with the GST Regime. It is stated that he has to travel long distances at odd hours and therefore, he requires a firearm license for his safety. An application has been filed by him on 14.1.2019 for grant of firearm license but till date no orders have been passed upon it. It is urged that such application ought to have been processed within a period of 60 days in terms of Rule 13 of the Arms Rules, 2016 framed under the Arms Act, 1959 but the authorities have failed to comply with the statutory mandate and hence this petition.
Learned Standing Counsel states that an appropriate decision would be taken in accordance with law by the competent authority.
Rule 13 of the Arms Rules, 2016 framed under the Arms Act, 1959 clearly prescribes the time limit of 60 days for consideration of claim for grant of fire arm license after receipt of police report.
This petition, therefore, stands di
The judgment continues below.
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