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Allahabad High Court

RAKESH MISHRAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the competent authority to consider the petitioner’s representation on the basis of a fresh police report and to decide it expeditiously within the period prescribed under the Arms Act, 1959, if no legal impediment exists.

Summary

The petitioner, Rakesh Mishra, filed a writ petition seeking an expedited consideration of his representation dated 25 June 2026. He alleged that the competent authority had not acted on his representation in a timely manner. The High Court, after hearing counsel for both parties, ordered that the petition be disposed of without expressing any view on the merits. The Court directed the respondent‑competent authority to consider the petitioner’s representation 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. No substantive merits of the representation were addressed, and the petition was closed with the directive.

Issues considered

  • What procedural steps must the competent authority follow to consider the petitioner’s representation expeditiously?

Legislation cited

Subjects

  • writ petition
  • expeditious disposal
  • representation
  • police report
  • Arms Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 36532 of 2026

                                    Rakesh Mishra
                                                                                             .....Petitioner(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Anoop Bhaiya Lal Shukla
                                    Counsel for Respondent(s)              :   C.S.C.

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

                                    1. Heard Sri Anoop B. Shukla, learned counsel for petitioner and Sri

                                    Prabhakar Tripathi, learned Standing Counsel for State-Respondents.


                                    2. Petitioner has approached this Court to expedite the consideration of
                                    his representation dated 25.06.2026.


                                    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 aforesaid representation 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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