Amandeep v. State Of Haryana And Others

CWP-16698-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101) CWP-16698-2023 Date of decision:- 02.09.2024 Amandeep

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Prabhjot Kaur Virk, Advocate, for the petitioner. Mr. Sharad Aggarwal, DAG, Haryana.

SUVIR SEHGAL, J. (Oral) 1.

Instant writ petition has been filed under Article 226/227 of the Constitution of India inter alia for issuance of a writ in the nature of mandamus directing the respondents to issue Arms License under the Heirloom Policy. 2.

Counsel for the petitioner submits that the petitioner's father possessed a firearms license, which was valid upto 13.10.2019, and after his death on 10.05.2017, petitioner submitted application dated 01.08.2022, Annexure P-2, for grant of license under the Heirloom Policy, which was declined on 26.08.2022, Annexure P-3. Petitioner filed the instant writ petition and after hearing, this Court by order dated 03.08.2023, issued notice of motion to the respondents, while observing that order, Annexure P-3, was cryptic State was directed to file a reply and also to apprise the Court as to whether the remarks recorded in Annexure P-3, are in the shape of an order or as to the same is merely an intimation.

PARDEEP NAUTIYAL 2024.09.03 13:30 I attest to the accuracy and authenticity of this order/judgment.

CWP-16698-2023 -23.

Writ petition has been contested by the respondents by filing separate replies. In the response filed on behalf of respondents No.1 and 2, a copy of detailed order dated 02.05.2024, Annexure R-1, has been placed on the record, whereby, reasons have been assigned for the rejection of the application, Annexure P-2.

4.

State counsel has taken an objection that the petitioner has an alternate remedy of filing an appeal under Section 18 of the Arms Act, 1959 (for short "the Act").

5.

When confronted with this objection, counsel for the petitioner has sought and is granted permission to withdraw the petition with liberty to take recourse to the alternate remedy available under the Act. 6.

Dismissed as withdrawn, with liberty as aforesaid. (SUVIR SEHGAL) JUDGE 02.09.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.09.03 13:30 I attest to the accuracy and authenticity of this order/judgment.