Allahabad High Court
ALOK KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court directed the competent authority to consider the petitioner’s firearm licence application on a fresh police report and decide it expeditiously, without expressing any opinion on the merits.
Summary
Alok Kumar filed a writ petition seeking speedy consideration of his application dated 23 January 2024 for a firearm licence. He alleged delay by the competent authority in processing the licence. The High Court, without delving into the merits of the licence application, directed the authority to reassess the petitioner's request based on a fresh police report and to decide it expeditiously, preferably within the time frame prescribed under the Arms Act, 1959, provided there is no legal impediment. The court emphasized adherence to the procedural timeline but did not rule on the substantive eligibility of the petitioner. Consequently, the petition was disposed of with the said direction.
Issues considered
- Whether the High Court can direct the competent authority to consider a firearm licence application on the basis of a fresh police report and expedite the decision.
Legislation cited
Subjects
- firearm licence
- expeditious disposal
- writ petition
- Arms Act 1959
- competent authority
- fresh police report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36464 of 2026
Alok Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Abhay Kumar Dwivedi, Nagesh
Dwivedi
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Nagesh Kumar Dwivedi, learned counsel for petitioner and
Sri Shyam Singh, learned Standing Counsel for State-Respondents.
2. Petitioner has approached this Court to expedite the consideration of
his application dated 23.01.2024 for grant of firearm licence.
3. In view of above, without expressing any opinion on the merits of the
issue and considering the facts and circumstances of the case, this writ
petition is disposed of finally with a direction to respondent-Competent
Authority to consider and decide petitioner’s application for grant of
firearm licence on basis of a fresh police report in accordance with law
expeditiously, preferably within the period prescribed under Arms Act,
1959, if there is no legal impediment.
(Saurabh Shyam Shamshery,J.)
September 14, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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