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Kailash Chandra v. State Of U.P. And Others - WRIT - C No. 72624 of 2005 [2005] RD-AH 6483 (28 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Vineet Saran,J

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. With the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

The petitioner joined Indian Armed Force in the year 1982. While he was posted at district Kangra (Himachal Pradesh) he was granted an arms licence on 8.8.1986 which was renewed from time to time. After his retirement the petitioner settled in district Firozabad. The arms licence of the petitioner was thus renewed from 9.8.1998 to 8.8.2001 and thereafter again upto 8.8.2004, both by the District Magistrate, Firozabad after obtaining necessary certificate of the licence having been issued by the licensing authority of district Kangra.

The petitioner submits that on 19.5.2004, respondent no.2, the District Magistrate, Firozabad had issued a show cause notice to him, to which the petitioner submitted his reply on 7.6.2004. No orders have thereafter been passed on the same. However, the petitioner then applied for renewal of his licence on 23.9.2004. The submission of the petitioner is that despite the petitioner having completed all formalities for such renewal of licence, no orders either for renewal of the arms licence or refusal to renew the same have yet been passed, despite the petitioner having filed several representations in this regard.

Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is disposed of with the direction that in case if, with regard to his grievances made in this writ petition the petitioner files a fresh comprehensive representation before respondent no. 2, the District Magistrate, Firozabad alongwith a certified copy of this order, the same shall be considered and decided by the said respondent alongwith the application of the petitioner dated 23.9.2004 for grant of renewal of his licence, in accordance with law, by a speaking order, expeditiously, preferably within a period of three months from the date of filing of the same.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.





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