Allahabad High Court
MARKANDEY YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court directed that the pending application for transfer of the arms licence be decided expeditiously, preferably within three months, after a fresh police report and consideration of the relevant provisions of the Arms Act.
Summary
Petitioner Markandey Yadav filed a writ petition seeking a direction to the State of Uttar Pradesh to decide his application dated 4 July 2024 for the transfer of an arms licence originally issued to his deceased father. The application remained pending without a decision. The High Court noted the delay and ordered that if the application is still pending, it must be decided expeditiously, preferably within three months, alongside other similar applications in chronological order. The decision should be based on a fresh police report and must examine whether there are good reasons for granting the licence under Section 13(3)(b) of the Arms Act, 1959, or if it falls under a refusal under Section 14(1)(b)(ii). The Court disposed of the writ petition with this observation.
Issues considered
- Whether the authority should be directed to decide the pending application for transfer of the arms licence.
- Whether there are sufficient grounds under Section 13(3)(b) of the Arms Act, 1959 to grant the licence.
- Whether the case falls within the refusal category under Section 14(1)(b)(ii) of the Arms Act, 1959.
Legislation cited
- Arms Act, 1959 — s. 13(3)(b), 14(1)(b)(ii)
Subjects
- Arms Licence
- Transfer of Licence
- Pending Application
- Writ Petition
- Section 13
- Section 14
- Expeditious Decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39797 of 2026
Markandey Yadav
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for the parties.
2. Petitioner has approached this Court to direct the respondent no.2 to
decide the application dated on 4.7.2024, regarding transfer of arms
license issued to his father (since deceased), 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.)
October 1, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
Checking your session…