Neutral Citation No. - 2025:AHC:14157
Court No. - 33 Case :- WRIT - C No. - 2690 of 2025
Petitioner :- Amit Yadav
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Raj Karan Patel
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 22.11.2024 and reminder dated 07.01.2025 within stipulated period. (Annexure no.3 & 4) of the writ petition.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to transferred the D.B.B.L. Gun no.1305 C11 license number 250 in the name of petitioner, within stipulated period."
3. It is submitted by learned counsel for the petitioner that the petitioner has applied for transfer of arms licence on the ground of succession before the respondent no.2 in the year 2024 however, till date the aforesaid application of the petitioner has not been decided by the concerned authority.
4. It is to be seen that before this Court large number of petitions are being filed for directing the licencing authorities to consider the application for grant/renewal of arms licence of the applicants. The aforesaid large number of petitions are indicative of the fact that licencing authorities are not considering the applications for grant/renewal of arms licence in a time bound manner. The same may be indicative of red tapism, negligence or corrupt practices. The applications of the citizens are required to be considered by the authorities in a time bound manner so that citizens do not face any difficulty on account of pendency of their applications.
5. Learned Standing Counsel submits that application of the petitioner for transfer of arms licence on the ground of succession would be decided in a time bound manner.
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6. Considering the circumstances of the case and the fact that application of the petitioner for transfer of arms licence on the ground of succession is pending consideration before the respondent no. 2-District Magistrate, Jaunpur it is hereby directed that application for transfer of arms licence on the ground of succession of the petitioner shall be decided by the licencing authority within a period of two months from the date of production of certified copy of this order. It is hereby also provided that in the event the aforesaid application of the petitioner for transfer of arms licence on the ground of succession is not disposed of within the period herein above granted, the petitioner would be entitled to cost/compensation @ Rs.100/- per day (for each day delay after two months) which is to be paid by the respondent no. 2 at the first instance and the same would be recoverable by the respondent no. 2 from the salary of the erring officials. This cost/compensation is in addition to the other legal remedies available to the petitioner including the enforcement of the present order, accordance with law.
7. With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 31.1.2025 D. Tamang
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