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High Court of Punjab and HaryanaCWP/2818/2024disposed of

Vishvander Yadav v. State Of Haryana And ORS

2024-03-20Mr. Justice Suvir Sehgal2 pages

2024:PHHC:039847 CWP-2818-2024- -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (102) CWP-2818-2024 Date of decision:- 20.03.2024 Vishvander Yadav

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Tanmoy Gupta, Advocate for the petitioner.

Mr. Aman Bahri, Additional Advocate General, Haryana. ...

SUVIR SEHGAL, J. (Oral) 1.

Instant writ petition has been filed under Article 226 of the Constitution of India inter alia for issuance of a writ in the nature of mandamus directing the official respondents to reconstruct the Arms Licence File No.456 of 2018, submitted by the petitioner on 09.10.2018, with the office of respondent No.2, as the same is alleged to have been destroyed and to supply a copy of the rejection order. 2.

Advance copy of the petition has been served upon the State. 3.

Reply by way of affidavit of Assistant Commissioner of Police, Pataudi, Gurugram, has been filed on behalf of respondents No. 1 to 4, wherein, it has been submitted that the file has been destroyed as provided PARDEEP NAUTIYAL 2024.03.20 18:12 I attest to the accuracy and and authenticity of this order/judgment.

2024:PHHC:039847 CWP-2818-2024- -2in Rule 11.31 of the Punjab Police Rules, 1934, as applicable to State of Haryana and a reference has been made to order dated 03.10.2022, Annexure R-1. It has further been submitted that rejection of an application for grant of Arms Licence does not debar the applicant from filing a fresh application in accordance with the provisions of Arms Act, 1959 and Rules framed thereunder.

4.

In view of above, petition is disposed of with a direction to the official respondents that in case petitioner moves a fresh application for grant of Arms Licence, it shall be considered in accordance with law. It is made clear that previous rejection would not be a hindrance in the consideration of the fresh application.

(SUVIR SEHGAL) JUDGE 20.03.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.03.20 18:12 I attest to the accuracy and and authenticity of this order/judgment.