Allahabad High Court

ASHOK KUMAR PATHAKversusSTATE OF U.P. AND ANOTHER

Decided: 13 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The Court directed the competent authority to consider the petitioner's firearm licence application on a fresh police report and decide it expeditiously, if no legal impediment exists.

Summary

Petitioner Ashok Kumar Pathak filed a writ petition seeking speedy consideration of his application dated 07-08-2024 for a firearm licence. He alleged delay by the competent authority in processing the licence. The High Court, after hearing counsel for both parties, did not opine on the merits of the licence application. Instead, it directed the competent authority to re‑examine the petitioner's application 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 petition was disposed of finally with this direction.

Issues considered

Whether the High Court can direct the competent authority to consider the firearm licence application on the basis of a fresh police report and within the statutory time limit.

Legislation cited

Arms Act, 1959

Subjects

firearm licence
expeditious disposal
writ petition
competent authority
Arms Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36540 of 2026

                                    Ashok Kumar Pathak
                                                                                               .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)      : Bindeshwari Prasad Mishra, Chandra
                                                                     Prakash Tripathi
                                    Counsel for Respondent(s)      : C.S.C.

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

                                    1. Heard Sri Bindeswari Prasad Mishra, 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 07.08.2024 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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