Allahabad High Court
SURENDRA PAL SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The Court directed the respondents to consider and decide the petitioner's representations for an All‑India arms licence within three months, without expressing any opinion on the merits of the licence claim.
Summary
The petitioner filed a writ petition seeking a direction to the State of Uttar Pradesh and another respondent to consider and decide his representations dated 04.01.2024, 22.09.2024 and 20.03.2025 for the grant of an All‑India arms licence. The petitioner alleged that despite submitting all required documents, the competent authority had not acted on his applications, causing prejudice. The Court examined the submissions and record, noting that the grievance was limited to the non‑consideration of the representations and not the merits of the licence claim. Without adjudicating the substantive claim, the Court ordered the respondents to consider the representations and pass a reasoned order within three months. The writ petition was consequently disposed with the said direction.
Issues considered
- Whether the respondents' failure to consider the petitioner's representations for an All‑India arms licence constitutes arbitrary or unlawful inaction warranting judicial intervention.
- Whether the High Court can direct the competent authority to decide the representations within a specified time frame.
Subjects
- Writ petition
- Mandamus
- Arms licence
- Administrative law
- Delay in decision
- All‑India arms licence
- Reasoned order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38234 of 2025
Surendra Pal Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Gupta
Counsel for Respondent(s) : A.S.G.I., C.S.C., Ugrasen Kumar Pandey
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondents, Shri Ugrasen Kumar Pandey, learned counsel for the
respondent no.4, and perused the material on record.
3. The present petition has been filed seeking a direction to respondent nos.1
and 4 to consider and decide the petitioner's representations dated
04.01.2024, 22.09.2024, and 20.03.2025 for grant of an All-India arms
licence within a stipulated time.
4. Learned counsel for the petitioner submits that the aforesaid
representations, along with all requisite documents, have been duly
submitted; however, the same are still pending consideration before the
competent authority. It is contended that such inaction on the part of the
respondents is arbitrary and has caused prejudice to the petitioner. It is
further submitted that the petitioner is ready and willing to cooperate and to
furnish any additional material, if so required.
5. Having considered the submissions advanced by learned counsel for the
parties and upon perusal of the record, this Court finds that the grievance
raised by the petitioner is limited to the non-consideration of his
representations. Without expressing any opinion on the merits of the
petitioner's claim for grant of an arms licence, this Court deems it
appropriate that the competent authority considers and decides the same in
accordance with law within a reasonable time.
WRIC No. 38234 of 2025
2
6. In view of the aforesaid, the writ petition is disposed of with a direction to
the respondent nos.1 and 4 to consider and decide the petitioner's
representations dated 04.01.2024, 22.09.2024, and 20.03.2025 by passing a
reasoned and speaking order, in accordance with law, expeditiously,
preferably within a period of three months from the date of production of a
certified copy of this order.
April 23, 2026
Anil K. Sharma
(Vinod Diwakar,J.)
Digitally signed by :-
ANIL KUMAR SHARMA
High Court of Judicature at Allahabad
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