Court No. - 21 Case :- WRIT - C No. - 40950 of 2010 Petitioner :- Raj Bahadur Mishra Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Kumar Mishra Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Prayer made in the present writ petition is that a writ in the nature of
mandamus be issued commanding and directing the respondent No.2
to renew the arm licence granted to the petitioner.
In the present case, this is accepted position that firearm licence of the
petitioner was renewed upto 31.12.2009 and before expiry of the said
period, application for renewal had been moved. Initially, licence was
granted to the petitioner from District Jhansi. In the present case, this
is also accepted position that period of licence expired on 31.12.2009
and even after expiry of the said period and there being no renewal,
the petitioner retained the firearm with him, which action on the part of
the petitioner is in breach of Section 21 of the Indian Arms Act. In fact
on expiry of the period of licence and in absence of its renewal, the
petitioner was obliged to deposit the firearm either in the nearest police
station or with the licenced firearm dealer.
In the facts and circumstances of the case, present writ petition is
disposed of with direction that in case petitioner within a week from
today deposits his firearm either in the nearest police station or with
the licenced firearm dealer, and produces information/certificate in this
regard before the licensing authority, the licensing authority, within
next two months, shall take appropriate decision on petitioner’s
application for renewal of his licence and communicate the same to the
petitioner forthwith.
Order Date :- 16.7.2010
SRY