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Allahabad High Court

MUKESH VISHWAKARMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court disposed of the writ petition, directing the respondent to decide the pending arms licence application within three months.

Summary

Petitioner Mukesh Vishwakarma filed a writ petition seeking a direction to the State of Uttar Pradesh to decide his pending application for a grant of arms licence (File No.193 of 2024). The petition argued that the application had not been adjudicated despite the passage of time. The Court examined whether it could compel the respondent to decide the pending licence application and considered the statutory criteria under Section 13(3)(b) for granting a licence and Section 14(1)(b)(ii) for refusal under the Arms Act, 1959. The Court observed that if the application remained pending, it must be decided expeditiously, preferably within three months, based on a fresh police report. Accordingly, the writ petition was disposed of with an order directing the respondent to decide the licence application within the stipulated period.

Issues considered

  • Whether the High Court can direct the respondent to decide the pending application for grant of arms licence.
  • Whether there are sufficient grounds under Section 13(3)(b) of the Arms Act, 1959 to grant the licence or grounds for refusal under Section 14(1)(b)(ii) of the same Act.

Legislation cited

Subjects

  • arms licence
  • pending application
  • writ petition
  • Section 13
  • Section 14
  • expeditious decision
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39783 of 2026

                                    Mukesh Vishwakarma
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)              :   Ashok Kumar Singh Bais
                                    Counsel for Respondent(s)              :   C.S.C.

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

                                    1. Heard Ms. Maya Devi, Advocate holding brief of Sri Ashok Kumar
                                    Singh Bais, learned counsel for the petitioner and Sri A.K.Singh, learned
                                    Standing Counsel.

                                    2. Petitioner has approached this Court to direct the respondent no.2 to
                                    decide the application for grant of arms license File No.193 of 2024,
                                    however, till date it has not been decided.

                                    3. In the aforesaid circumstances, this writ petition is disposed of with an
                                    observation that application for grant of arms licence, if still pending,
                                    shall be decided expeditiously, preferably within a period of 3 months
                                    including other similar applications in a chronological manner, on basis of
                                    a fresh police report and that whether there are good reasons for grant of
                                    arms license under Section 13 (3) (b) of the Arms Act, 1959 or whether it
                                    is a case of refusal specifically under Section 14 (1) (b) (ii) of said Act.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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