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Allahabad High Court

TEJ BAHADURversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court ordered the petition to be disposed of, directing that a properly filed application within three weeks shall be considered and decided expeditiously.

Summary

Petitioner Tej Bahadur filed a writ petition seeking a direction to the State to consider an application for transfer of his arms licence from one state to another under Rule 17 of the Arms Rules, 2016. The petitioner indicated he would file the application within three weeks. The State’s standing counsel contended that if the application is filed in the proper format with requisite documents, the respondent authority would decide it. The Court, after hearing both sides, disposed of the petition, observing that the petitioner must file a proper application within three weeks and that the application will be considered and decided expeditiously in accordance with the Arms Act and its Rules. No substantive merits of the licence transfer were adjudicated; the Court merely directed procedural compliance.

Issues considered

  • Whether the High Court can direct the respondent authority to consider an application for transfer of an arms licence under the Arms Rules, 2016.

Legislation cited

Subjects

  • Arms licence transfer
  • Writ petition
  • Procedural direction
  • Arms Rules 2016
  • High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39637 of 2026

                                    Tej Bahadur
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)            :   Dileep Kumar Tiwari, Jai Raj
                                    Counsel for Respondent(s)            :   C.S.C.

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

                                    1. Heard learned counsel for petitioner and learned Standing Counsel for
                                    State.

                                    2. Learned counsel for petitioner, after arguing for some time, submits
                                    that petitioner will file an application in prescribed format provided under
                                    Rule 17 of Arms Rules, 2016 for transfer of arms license from one state
                                    to another within a period of 3 weeks and concerned respondent be
                                    directed to consider and decide the same.

                                    3. Learned Standing Counsel submits that in case application is filed in
                                    proper format along with relevant documents, concerned respondent will
                                    decide the same.

                                    4. In view of above, this writ petition is disposed of with an observation
                                    that in case petitioner files a proper application within 3 weeks from
                                    today, the same shall be considered and decided expeditiously in
                                    accordance with Arms Act and Rules made therein.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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