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NAGESH KUMAR MISRA versus THE STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Nagesh Kumar Misra v. The State Of U.P. & Others - WRIT - C No. 12213 of 2001 [2005] RD-AH 4270 (17 October 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.37

Civil Misc. Writ Petition No. 12213 of 2001

Nagesh Kumar Misra           vs.               State of U. P. and others.

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) M. Chaudhary, J.

The present writ petition was initially filed challenging the order dated 25th March, 2001 sent by the Inspector (Pratisar) directing the Station House Officer, Police Station, Ghorawal, district Sonbhadra to withdraw the security guard deployed at the house of the petitioner. The basis on which the present writ petition was filed was that the applications for grant of fire arm licence which was applied for by the father of the petitioner had been rejected on the ground that the security guard has already been provided and therefore the family does not need any further protection and as there is rivalry between the two groups there is likelihood of fire arm to be misused. Subsequently, the father of the petitioner died. It has been stated by Sri Rajeev Misra, learned counsel for the petitioner that the petitioner had also made an application for grant of fire arm licence which was also rejected on the same ground. Thereafter, the District Magistrate, Sonebhadra, vide letter dated 25th July, 2005 had informed the petitioner that even though more than three months have passed he has not made any application for grant of fire arm licence and, therefore, it would be presumed that he is not interested in his security. He further directed the petitioner to make an application within seven days. This order has been challenged by way of an amendment application which has been allowed by this Court vide order dated 23rd September, 2005.

We have heard Sri Rajeev Misra, learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

From a perusal of the order dated 25th September, 2005, filed as Annexure 10 to the writ petition, we find that the very basis on which this Court had passed the order on 21st June, 2000 in Writ Petition No. 27471 of 2000 filed by the petitioner's father had been taken care of by the District Magistrate, Sonbhadra by directing the petitioner to apply for grant of fire arm licence within seven days. For the reason best know to the petitioner why he has not applied for grant of licence when the District Magistrate, Sonebhadra has repeatedly been asking the petitioner to make an application so that the needful be done. We, therefore, find no justification in directing the authorities to provide security guard inasmuch as the district authorities have expressed their willingness to grant fire arm licence to the petitioner in case such an application is made. It will be open to the petitioner to make an application within a week which shall be processed and necessary order be passed within a month thereafter.

With the above observations, the writ petition is disposed of.

17.10.05

samz.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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