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Allahabad High Court

AMIT KUMAR MAURYAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that a writ of mandamus is appropriate and directed the licensing authority to decide the transfer application within three months.

Summary

Amit Kumar Maurya filed a writ petition seeking a mandamus directing the licensing authority to transfer an arms licence, originally issued to his deceased father, to him under Rule 25(1)(b) of the Arms Rules, 2016. The Court examined whether the petitioner was entitled to inherit the licence and whether a writ of mandamus was the appropriate remedy. Finding that the petitioner had a valid claim and that the licensing authority had failed to act, the Court held that a mandamus was warranted. It directed the licensing authority to consider and decide the transfer application within three months, based on a police report. The writ petition was thereafter disposed.

Issues considered

  • Whether the petitioner is entitled to inherit and transfer the arms licence of his deceased father under Rule 25(1)(b) of the Arms Rules, 2016.
  • Whether a writ of mandamus is an appropriate remedy to compel the licensing authority to act on the transfer application.

Subjects

  • arms licence
  • transfer
  • inheritance
  • mandamus
  • writ petition
  • licensing authority

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 35686 of 2026

                                    Amit Kumar Maurya
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Mohd Zaid Ansari, Sarve Nazir
                                    Counsel for Respondent(s)          :   C.S.C.

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Sri Abdul Samad, Advocate, a new entrant in Bar and prepared the

                                    case only in morning, is able to satisfy this Court that a case to issue a

                                    writ of mandamus is made out.

                                    2. Accordingly, it is directed that Licensing Authority shall consider and

                                    decide an application filed by petitioner for transfer of arms licence

                                    issued to his father, now deceased, on basis of inheritance in terms of

                                    Rule 25(1)(b) of Arms Rules, 2016, preferably within a period of three

                                    months from today on basis of a police report.


                                    3. The writ petition is accordingly disposed of.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 9, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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