Sarika Gandhi vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of present writ petition, petitioner has sought the following reliefs:-

"i) Issue a writ, order or direction in nature of mandamus directing Respondent no.2 (District Magistrate, Udham Singh Nagar) to issue the arms license of the petitioner within a time-bound manner in accordance with the Arms Act, 1959 and Arms Rules, 2016.

ii) Issue a writ, order or direction in the nature of mandamus directing the Respondent no.3 (SSP Udham Singh Nagar), to forward the verification report forthwith to Respondent No.2."

Learned counsel for the petitioner submits that petitioner's husband was the holder of a valid arms licence. After the death of her husband, petitioner, being the lawful legal heir of the deceased licensee, submitted an application dated 24.01.2024, before the District Magistrate, Udham Singh Nagar, seeking grant of an arms licence in her favour. However, despite the lapse of considerable time from the date of submission of the application and completion of all formalities as mandated under the Arms Act and the Arms Rules, respondents have failed to comply with the mandate of Rule 17.

Learned counsel for the petitioner submits that if a direction is issued to respondent no.2-District Magistrate, Udham Singh Nagar to decide the application dated 24.01.2024 within a time-bound manner, the ends of justice would be met.

The proposition which has been offered by learned counsel for the petitioner is not opposed by learned State Counsel.

Accordingly, writ petition is disposed of by directing respondent No. 1-District Magistrate, Udham Singh Nagar, to decide the application dated 24.01.2024 of the petitioner, in accordance with law, as expeditiously as possible, but not later than two months from the date of production of a certified copy of this order.

Pending application, if any, stands disposed of accordingly.