Satyapal v. State Of Haryana And Others

2023:PHHC:102042 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-9668-2023 (O&M) Date of Decision:-8.8.2023 Satyapal ....Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Johan Kumar, Advocate for the petitioner. Mr. Samarth Sagar, Additional Advocate General, Haryana. ***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks issuance of a direction in the nature of mandamus so as to direct respondent Nos.2 and 3 to renew his arms license as despite the petitioner having applied for renewal of the same on 8.2.2023 his license has not been renewed till date.

2.

Leaned counsel for the petitioner submitted that the petitioner's license had been renewed w.e.f. 17.2.2020 upto 17.2.2023 by respondent No.4 - Sub Divisional Magistrate, Gohana, Mini Secretariat, Sonipat, District Sonipat and that as a matter of fact his license was required to be renewed for 5 years pursuant to an amendment in Section 15 of Arms Act, 1959 on 14.12.2019, wherein it is clearly provided that license is to continue in force for a period of 5 years unless for specific reasons recorded by the authority, the same is issued for a shorter period. It has further been submitted that the petitioner PANKAJ KAKKAR 2023.08.08 17:55 I attest to the accuracy and authenticity of this document

CWP-9668-2023 (O&M) ( 2 ) 2023:PHHC:102042 has orally been informed that his license is not being renewed for want of Unique Identification Number (UIN), which was made mandatory in the year 2016, whereas it is for the authority concerned to ensure that the said UIN number is assigned to a licencee and the licensee is not responsible, in any manner, for the same.

3.

Learned counsel for the petitioner has, however, submitted that he restricts his prayer at this stage for issuance of a direction to the authorities concerned to take a decision on his representations/applications (Annexures P-1 and P-2) in a time bound manner.

4.

Having heard learned counsel for the petitioner and having regard to the limited prayer made by the petitioner, the instant petition is disposed of with a direction to respondents No. - 2 & 3 to look into the matter and to dispose of the representations/applications Annexures P-1 and P-2 in a time bound manner, while having due regard to the amended provisions of the Arms Act, 1959, which make it obligatory for the authorities concerned itself to assign Unique Identification Number (UIN) and the licensee is not responsible, in any manner, for the same.

5.

It is hoped that the representations/applications Annexures P-1 and P-2 shall be decided expeditiously preferably within a period of 2 months from today. 8.8.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2023.08.08 17:55 I attest to the accuracy and authenticity of this document