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Allahabad High Court

TASLEEMversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is disposed, with liberty granted to the petitioner to file an appeal within ten days.

Summary

The petitioner, Tasleem, filed a writ petition challenging the cancellation of his arms licence by the State of Uttar Pradesh and two others. The petition did not contain an appeal against the order, which is required under Section 18 of the Arms Act, 1959. The High Court observed this procedural lapse and noted that the petitioner could still file an appeal, raising the issue of whether the licence cancellation was effected ex parte without proper notice. The Court disposed of the writ petition, granting the petitioner liberty to file an appeal within ten days and directing the appellate authority to decide it preferably within sixty days. No substantive merits of the licence cancellation were addressed in this order.

Issues considered

  • Whether the petitioner is required to file an appeal under Section 18 of the Arms Act, 1959 against the cancellation order.
  • Whether the cancellation of the arms licence was effected ex parte without proper notice.

Legislation cited

Subjects

  • Arms Act
  • Section 18
  • arms licence cancellation
  • ex parte proceedings
  • notice
  • writ petition
  • appeal
  • High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 35760 of 2026

                                    Tasleem
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Rajeev Kumar Upadhyay
                                    Counsel for Respondent(s)              :   C.S.C.

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

                                    1. Heard Sri Rajeev Kumar Upadhyay, learned counsel for petitioner and

                                    Sri Prabhakar Tripathi, learned Standing Counsel for State-Respondents.


                                    2. Petitioner has not filed any appeal against impugned order despite it is
                                    specifically provided under Section 18 of Arms Act, 1959.


                                    3. In view of above, the writ petition is disposed of with liberty to

                                    petitioner to file appeal wherein petitioner can also raise a ground that

                                    whether the proceedings were concluded for cancellation of arms licence

                                    ex parte without proper notice or notice was received later on. If appeal is

                                    filed by petitioner within ten days from today, the Appellate Authority

                                    shall decide it preferably within a period of 60 days from the date of

                                    filing of appeal.



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




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

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