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Punjab-Haryana High Court

Yashwinder Kumar vs State Of Haryana And Others on 25 May, 2022

Author: Jaishree Thakur

Bench: Jaishree Thakur

103.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH

                                CWP-11410-2022
                                Date of Decision: 25.05.2022

YASHWINDER KUMAR                                          .... Petitioner


                                Versus


STATE OF HARYANA AND OTHERS                               .... Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR


Present:-   Mr. Vivek Khatri, Advocate,
            for the petitioner.
                                ----

JAISHREE THAKUR.J (Oral) The petitioner herein is seeking a writ in the nature of Mandamus directing respondents No.3 and 4 to consider his application for issuance of an arms licence.

Counsel appearing on behalf of the petitioner would contend that the petitioner herein had suffered two incidents. In one, he had been attacked and there was an attempt to snatch money from him, which resulted in him filing an FIR No.164, dated 05.03.2021, under Sections 323, 363, 506, 511, 34 IPC, Police Station Karnal Sadar, District Karnal. In another incident, he was kidnapped and after taking Rs.20 lakhs from his family members, he was released while giving him beating, snatching his car and a cheque book, and on that account, another FIR No.250, dated 25.03.2022, under Sections 323, 365, 379-B, 384, 419, 506, 34 IPC and Section 25 of Arms Act, Police Station Sadar Karnal, District Karnal, was registered 1 of 2 ::: Downloaded on - 27-05-2022 05:15:04 ::: CWP-11410-2022 -2- against unknown persons. Counsel would submit that pursuant to these two incidents, he applied for grant of an arms licence and completed all the formalities, however, the licensing authority as on date has neither granted the licence nor rejected the same. He would submit that the petitioner would be satisfied in case his representation dated 15.04.2022 (Annexure P-4) is decided in a time bound manner.

Notice of motion.

At this stage, Ms. Kirti Singh, DAG, Haryana, who is present in Court, accepts notice on behalf of the respondents and would submit that the respondents will look into the matter and will take a decision on the representation of the petitioner.

Without commenting on merit of the case, the present petition is disposed of with a direction to the respondents to take a decision on the representation dated 15.04.2022 (Annexure P-4) of the petitioner, within a period of two months from the date of receipt of certified copy of this order, in accordance with law and convey the decision to the petitioner. In case of failure to do so, the officer responsible for the lapse would be liable to costs of Rs.20,000/- from his personal pocket, to be deposited with the Punjab and Haryana High Court Advocates Welfare Fund.





                                               (JAISHREE THAKUR)
25.05.2022                                           JUDGE
sanjeev
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




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