Allahabad High Court
Ramakant Pandey vs State Of U.P.Thru. Prin. Secy. Home & ... on 8 June, 2021
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MISC. SINGLE No. - 11552 of 2021 Petitioner :- Ramakant Pandey Respondent :- State Of U.P.Thru. Prin. Secy. Home & Ors. Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly Hon'ble Manish Mathur,J.
Heard Mr. Hemant Kumar Mishra learned counsel for petitioner and learned State Counsel for opposite parties 1 to 5. In view of the order being proposed to be passed, notices to opposite party No.6 stands dispensed with.
Present petition has been filed for the following reliefs:-
" [a] To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No.2 to forthwith cancel the fire arm licence bearing no. 659/Machretha of the opposite party no.6 obtained by fraud, contained as Annexure No.2.
[b] To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No.1,2 and 3 to forthwith provide a proper security to the petitioner considering his age and for safety his property and wealth otherwise petitioner may be murdered at any moment due to his wealth and property.
[c] To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No.2 to forthwith initiate legal action against the opposite party no.6 for committing fraud by procuring forged documents for obtaining a licence under Rule 25 of the Arms Rule, 2016. ....."
Learned counsel for petitioner submits that the petitioner is the holder of an arms licence which has been renewed up till 15th of June, 2022 but the opposite partyNo.6, who is the daughter of petitioner, got the arms licence issued to her fraudulently in collusion with certain officials by fabricating the petitioner's signature on the application. It is submitted that as soon as the petitioner came to know about the fraud having been committed, he submitted an application/objection dated 22nd March, 2021 before the district magistrate concerned which is still pending consideration. It is submitted that a direction may be issued to the competent authority to take a decision thereupon.
Considering the facts and circumstances of the case and particularly the fact that a representation of the petitioner is already pending adjudication before the competent authority, it is directed that the District Magistrate/Collector, Sitapur, opposite party No. 2 shall decide the representation dated 22nd March, 2021 within a period of six weeks from the date a copy of this order is produced before him after giving opportunity of hearing to the opposite party No.6 as well. The petitioner shall annex a copy of the representation dated 22nd March, 2021 along with copy of this order.
In terms of the aforesaid, the writ petition stands disposed of Order Date :- 8.6.2021 prabhat