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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

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


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