Shiv Dutt Shukla v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 41949 of 2023 Petitioner :- Shiv Dutt Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Deepak Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The writ petition has been filed by the petitioner with a prayer to direct the respondent no.2 to consider and decide the application of the petitioner dated 29.03.2012 in respect of grant of arms license N.P. Bore Revolver/Pistol, pending before him, within stipulated period. Learned counsel for the petitioner submits that the petitioner is a farmer and does agricultural work. In the area where the petitioner lives, incident of loot, murder and dacoity happen very often, therefore, for safety and security of his family the petitioner requires an arms license. In this regard, an application has been filed by the petitioner before respondent no.2-District Magistrate/Fire Arm Licensing Authority, District-Fatehpur, which is still pending, hence, a direction may be issued to authorities concerned to take decision on the application of the petitioner, within the time fixed by this Court. Learned Standing Counsel has no objection to the same. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed off with a direction to the respondent no.2-District Magistrate/Fire Arm Licensing Authority, District-Fatehpur, to decide the application of the petitioner, pending before him, in accordance with law, after giving opportunity of hearing to the parties concerned, by means of a reasoned and speaking order, preferably within a period of six months, from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 5.12.2023 Kalp Nath Singh High Court of Judicature at Allahabad