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Mohammad Sharief vs State of U.P. and Another

Allahabad High Court · Decided on 30 October 2003 · Citation: (2004) 1 AWC 250

HON’BLE JUDGES
Anjani Kumar, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 17 · Constitution of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
C.M.W.P. No. 40509 of 2003
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Judgment

4 paragraphs · 167 words

Anjani Kumar, J.—Heard learned counsel for the petitioner and learned standing counsel appearing for the respondents. This Court on 10.9.2003 granted time to the respondents to file a counter-affidavit. But till date no counter-affidavit is filed.

2.

By means of this writ petition, petitioner has prayed for that a suitable writ, order or direction in the nature of mandamus directing the respondent No. 2 to issue a non-prohibited arm licence of D.B.B.L to the petitioner within shortest period fixed by this Court.

3.

I am afraid that this Court cannot issue a direction to issue a licence under the Arms Act which is within the domain of the licensing authority.

4.

However, if the petitioner''s application for grant of fire arm licence has not been disposed of by the licensing authority, licensing authority is directed to dispose of the same within three months from the date of production of certified copy of this order before him. With the aforesaid direction, this writ petition is disposed of finally.