Allahabad High Court
ASHOK KUMAR SONI @ ASHOK KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The Court directed the Commissioner, Jhansi Region, to decide the petitioner's appeal within six weeks, thereby granting the writ of mandamus.
Summary
The petitioner, a licensed holder of a revolver, had his arms licence cancelled by the District Magistrate under Sections 3 and 4 of the U.P. Gunda Act. He filed a statutory appeal before the Commissioner, Jhansi Region, on 20 August 2024, but the appeal remained pending for an extended period. The petitioner sought a writ of mandamus directing the Commissioner to decide the appeal within a reasonable time. The High Court examined the delay and the statutory right to a timely decision, and ordered the Commissioner to dispose of the appeal within six weeks of receiving a certified copy of the order. The petition was consequently disposed of with the mandated time‑frame.
Issues considered
- Whether the delay in deciding the statutory appeal under the U.P. Gunda Act warrants issuance of a mandamus directing the Commissioner to decide the appeal within a stipulated period.
Legislation cited
- U.P. Gunda Act — s. 3, 4
Subjects
- mandamus
- arms licence
- U.P. Gunda Act
- statutory appeal
- administrative delay
- high court writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11572 of 2026
Ashok Kumar Soni @ Ashok Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Om Vikram Singh Chauhan
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard counsel for the petitioner and learned standing counsel representing
the State-respondents.
2. The present writ petition has been preferred for issuance of a direction in
the nature of mandamus commanding the respondent no. 3- Commissioner
Jhansi region Jhansi to decide the petitioner's Appeal/Case No. 907 of 2024
Computerized No. C202406000000907 within stipulated time.
3. Learned counsel for the petitioner submits that the petitioner is a valid
licensee of a revolver NBP .315 bore Rifle No. 13408390 FT, holding Arms
License No. 29 of 2018. It is contended that on account of the petitioner's
alleged involvement in Case No. 337/323, under Section 3/4 of the U.P.
Gunda Act, the District Magistrate, Lalitpur, vide order dated 08.08.2024,
cancelled the aforesaid arms licence. Aggrieved by the said order, the
petitioner preferred a statutory appeal before the Commissioner, Jhansi
Region, Jhansi on 20.08.2024. However, despite lapse of a considerable
period of time, the said appeal has not yet been decided. It is, therefore,
prayed that the same be expeditiously, within a stipulated time frame.
4. In the facts and circumstances of the case, the present writ petition is
being finally disposed of with the direction to the respondent no. 3-
Commissioner Jhansi region Jhansi to decide the petitioner's Appeal/Case
No. 907 of 2024 within a period six weeks from the date of presentation of a
certified copy of this order.
April 20, 2026
A. Tripathi
(Vinod Diwakar,J.)
Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad
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