Sachin Gupta v. State of U.P. and Another

Court No. - 6 Case :- WRIT - C No. - 33604 of 2023 Petitioner :- Sachin Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Nagesh Kumar Dwivedi,Satish Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Nagesh Kumar Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the respondents-State. This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2; District Magistrate, Allahabad to consider and decide the application dated 02.08.2018 of the petitioner for granting arm license of pistol in favour of the petitioner. Learned counsel for the petitioner submits that the petitioner requires arm license as he is living in local society area and there are so many enmity, illegal activities therefore, petitioner's life and property is not protected, in this regard he moved application before the District Magistrate, Allahabad (respondent no.2), but no decision has been taken till date. Therefore, a direction may be issued to respondent no.2 to decide the application of the applicant within stipulated period. Learned Standing Counsel has no objection to the aforesaid submission. In view of the aforesaid, no useful purpose will be served to keep this writ petition pending and calling for a counter affidavit. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to file afresh application before the respondent no.2-District Magistrate, Allahabad within two weeks from today along with a certified copy of this order and, if any such application is filed, the respondent no.2 shall make all endeavours to consider and decide the same after giving opportunity of hearing to all the parties in accordance with law, by reasoned and speaking order as expeditiously as possible. It is made clear that this Court has not examined the merits of the case of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 28.10.2023 Anjali High Court of Judicature at Allahabad