Allahabad High Court
DEENDAYALversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed for lack of the requisite cancellation order, and the petitioner is directed to obtain it before proceeding with any appeal or fresh writ petition.
Summary
The petitioner, Deendayal, filed a writ petition challenging an order dated 22 April 2026 issued by the Prabhari Adhikari (Shastra), which was a consequential order following the cancellation of his arms licence by the District Magistrate of Pilibhit. The cancellation order itself was not annexed to the writ petition, and consequently, the court could not assess the merits of the challenge. The High Court observed that without the cancellation order, the petition could not be entertained. It directed the petitioner to obtain a copy of the cancellation order from the District Magistrate. Once in possession of the order, the petitioner may file an appeal under the Arms Act or approach the court again with a proper writ petition. The petition was therefore disposed of pending compliance with the procedural requirement.
Issues considered
- Whether a writ petition challenging a consequential order can be entertained without the annexure of the original cancellation order.
Subjects
- arms licence
- cancellation order
- writ petition
- procedural deficiency
- Arms Act
- appeal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38324 of 2026
Deendayal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Rabindra
Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1.The petitioner has filed this writ petition to challenge the order dated
22.4.2026 passed by Prabhari Adhikari (Shastra) which appears to be a
consequential order since cancellation of arm licence dated 22.4.2026 was
passed by the District Magistrate, Pilibhit, however, the same has not
been annexed along with this writ petition and, therefore, has not
challenged.
2. In the aforesaid circumstances, this writ petition is disposed of that if
the petitioner files an application before the District Magistrate, Pilibhit,
the said official will provide a copy of the order dated 22.4.2026 and
subsequently the petitioner will be at liberty to file an appeal under the
Arms Act or approach this Court by way of filing writ petition, if so
advised and circumstances so warrant.
(Saurabh Shyam Shamshery,J.)
September 23, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
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