Rohan Mishra v. Sri Vishak G., D.M

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5880 of 2023 Applicant :- Rohan Mishra Opposite Party :- Sri Vishak G., D.M. Counsel for Applicant :- Ramesh Kumar Shukla Hon'ble Rohit Ranjan Agarwal,J.

¶1The writ Court on 19.04.2023, in Writ -C No.13110 of 2023 has passed the following order : "Heard Ms. Smriti Gupta holding brief of Mr. Ramesh Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for the State. The present petition has been filed challenging the order dated 9.1.2023 by which one more B.L. Gun licence was sought, which was not accorded. Counsel for the petitioner submits that the petitioner is an Aspiring Shooter and has participated not only in various State level Championship but also National level Shooting championship and he has obtained various letters/certificates & medals for his excellence performance. He further submits that as per the Notification No.665(e) dated 12.02.2020 issued by Ministry of Home Affairs, authorises that Aspiring Shooter can have two fire arms but still by the impugned order, the another firearm licence has been rejected. It is also submitted that in the impugned order, the respondents have also accepted that the petitioner is an Aspiring Shooter and participated in various State as well as National Level Shooting Championship but still the addition of another firearm licence has been rejected. Rebutting the said submission, learned Standing Counsel submits that the impugned order has been passed in accordance with law and the application of the petitioner has rightly been rejected. Heard learned counsel for the parties and perused the records. It has not been disputed by the respondents that the petitioner is an Aspiring Shooter and have participated in various State and National Level Shooting Championship.

On perusal of the Notification dated 12.2.2020, it authorises an Aspiring Shooter to have two arms. In view of the above peculiar facts and circumstances of the present case, the impugned order dated 9.1.2023 is hereby quashed and the matter is remanded to respondent no.2 to decide the case afresh. Withe the consent of the parties, the petition is disposed off at the initial stage itself with the aforesaid direction. It is made clear that the present case shall not be treated as precedent."

¶2Today a compliance affidavit has been filed by opposite party wherein it has been stated that post remand, the matter has been decided by the opposite party on 10.10.2023. A copy of the order has been brought on record as Annexure 1 to the affidavit of compliance.

¶3As the order of the writ Court has been complied with, the contempt application has rendered infructuous and stands dismissed.

¶4Contempt notice stands discharged. Order Date :- 13.10.2023 Kushal High Court of Judicature at Allahabad