VIVEK v. STATE OF PUNJAB AND OTHERS

Writ petition raised an innocuous prayer for issuance of a writ of mandamus for deciding a representation placed on record at Annexure P-6.

Perusal of the case paper-book however reveals that father of the petitioner who was serving as a Deputy Superintendent of Police in the Punjab Police Department expired on 28.07.2017. At the time of his death he is stated to have been holding an arms licence which was valid upto 20.03.2018.

The short grievance raised in the petition is that the petitioner being the only son has filed an application for getting the arms licence transferred from the name of the deceased father and such application dated 26.02.2018 at Annexure P-5 is still pending.

Counsel would advert to Rule 25 of the Arms Rules, 2016 whereunder the transfer of an arms licence is permissible in favour of a legal heir subject to fulfillment of certain eligibility conditions.

Notice of motion.

On the asking of the Court, Ms. Anu Pal, DAG, Punjab, accepts notice on behalf of respondents and waives service. A complete copy of the writ paper-book already stands furnished to learned State CWP No. 22291 of 2019 2 counsel.

Statement of learned State counsel, is recorded to the effect that in case the application seeking transfer of arms licence in favour of the petitioner is still pending as of date, the same would be processed in accordance with law as also under the provisions of the Arms Act 1959 and rules framed thereunder and a final decision thereupon would be taken expeditiously and in any case within a period of three months from today and would be conveyed to the petitioner.

In view of the statement recorded of learned State counsel, no further directions are required to be passed.

Writ petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE August 22, 2019 shweta Whether speaking/reasoned : Yes/No Whether reportable : Yes/No