Major Kapil Sawhney (Rtd) v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3093 of 2021 • Major Kapil Sawhney (Rtd) S/o Shri S.K. Sawhney, Aged About 45 Years R/o B-4, Flat No. 3023, Vasant Kunj, New Delhi,, ---- Petitioner

Versus

1. State Of Chhattisgarh Through, Secretary, Department Of Home Affairs Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur Chhattisgarh.,

2. Controlling Authority, Private Security Agencies, State Of Chhattisgarh, Currently Held By Inspector General Of Police (Int), Old Police Hq, Raipur, District Raipur Chhattisgarh.,

3. Directorate General Of Resettlement Through Its Director, West Block - Iv, R K Puram, New Delhi,

4. Department Of Ex - Servicemen Welfare Ministry Of Defense, Through Its Joint Secretary, 99-A South Block, New Delhi, ---- Respondents For Petitioner :

Mr. Ali Asgar, Advocate For Respondent/ State :

Mr. Ashish Tiwari, G.A.

For Respondents No. 3 & 4 :

Mr. Ramakant Mishra, ASG Hon'ble Shri Justice Goutam Bhaduri Order On Board 02.08.2021 Heard.

1. The limited grievance that the petitioner has in the present writ petition is that his application for grant of license under PSARA Act, 2005 filed in the month of August 2020 is not being processed and decided though it is over one year since the application has been made by the petitioner.

2. Considering the provisions of Section 7 of the aforesaid Act of 2005, which stipulates 60 days time within which his application has to be processed and

decided and though since more than one year has already lapsed after the petitioner has made application and the decision is awaited, this court is of the opinion that the writ petition itself can be disposed of at this juncture directing the respondents No.1&2 to take a decision on the said application of the petitioner at the earliest preferably within a period of 30days from the date of receipt of copy of this order. It is expected that the respondents No.1&2 shall take a decision in accordance with provisions of the aforesaid Act of 2005.

3. The nature of dispute which has been raised clearly disturb the conscious as it would be real disrespect for the army people for which there are certain measures which are made by way of statute to get the privilege.

4. Therefore, it is directed that the respondents shall process and decide the application of the petitioner for renewal of the license within a further period of 30 days from the date of receipt of this order.

5. The Writ Petition accordingly stands disposed off. Sd/- (Goutam Bhaduri) Judge Vishakha