Shri Moinuddin Mashayoak Ansari Since Deceased Throu. His Legal Heir Feroze Moinuddin Ansari v. The Commissioner Of Police Solapur Icty And ORS

38-WP-3863-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3863 OF 2024 Moinuddin Mashayak Ansari (decd.) Thr. Lrs. Moinuddin Ansari

...Petitioner

Versus

1. The Commissioner of Police, Solapur City, Solapur

2. The Commissioner Office of Police, Solapur Licnese Section Room-5(1), Solapur

3. The State of Maharashtra Through the Minister, Home Department Mantralaya, Mumbai & Ors.

...Respondents

__________ Mr. Ashok Tajane a/w B. Shinde, for the Petitioner. Ms. S. D. Vyas, Addl. G.P. a/w Ms. R. A. Salunkhe, AGP for Respondent Nos.1 to 3.

__________ CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 3rd May, 2024 Oral Judgment :- (Per A. S. Chandurkar, J.) 1.

Rule. Rule made returnable forthwith and heard. 2.

Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for the respondents. 3.

The petitioner's father was holding a license that authorised him to possess Arms. On 30 September 2019 he made an application for 1/2 Kiran Kawre

38-WP-3863-2024.doc transferring the license in the name of his son. The Administrative Officer, Police Commissionerate, Solapur, on 14 January 2020 rejected that application. Being aggrieved, the son has filed an appeal before the State Government challenging the same. Along with the appeal an application for condonation of delay as well as application for grant of interim relief has been filed.

4.

The learned counsel for the petitioner submits that though the said proceedings have been filed in January 2024, the same has not been entertained and decided.

5.

Considering the facts of the case, it is directed that respondent No.3, the competent authority shall consider and decide the appeal preferred by the petitioner on its own merits and in accordance with law within a period of eight weeks of receiving copy of this order. The appeal shall be decided after hearing the petitioner. Till the said appeal is decided no coercive steps to be taken against the petitioner, pursuant to the order dated 14 January 2020. All points are kept open.

6.

Rule is disposed of in the above terms with no order as to costs. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2 Kiran Kawre