Niranjan Singh And Another v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.10.2022 Niranjan Singh and another -Petitioners

Versus

State of Haryana and another -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Ajay Kumar Dahiya, Advocate, for the petitioners.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners have preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus directing the respondents to transfer the arms licence from the name of petitioner No.2 to the name of petitioner No.1 under the Family Heirloom Policy and as per Section 25 of the Arms Act and rules framed thereunder.

Government of India, Ministry of Home Affairs issued instructions/guidelines for grant of licence for possession of prohibited bore arms/non-prohibited bore arms/semi-automatic weapons on Family Heirloom Policy.

As per the guidelines, such licence can be transferred when the licence holder attains the age of 70 years

-2or is in possession of the weapon for the last 25 years. Learned counsel for the petitioners submits that petitioner No.2 has attained the age of 76 years and is fully competent to transfer the licence in question in favour of his son as he is also a practising lawyer in District Courts, Sonepat. Even the District Bar Association, Sonepat has recommended the case of petitioner No.1 for the transfer of licence possessed by his father.

Petitioners have already filed a representation dated 23.08.2022 before the District Magistrate/Deputy Commissioner with a request to do the needful as per policy, but the representation has not been attended to till date. Learned counsel for the petitioner submits that at this stage, the petitioners would be satisfied in case their representation dated 23.08.2022 is directed to be decided by the competent authority/ respondent No.2 by passing a speaking order in accordance with law at the earliest. Notice of motion.

On the asking of the Court, Mr. Sharad Aggarwal, A.A.G., Haryana accepts notice on behalf of the respondents. In view of nature of prayer made by the petitioners, this writ petition is disposed of with a direction to respondent No.2 to take note of pending representation of the petitioners

-3and pass appropriate order in accordance with law, preferably within a period of one month from the date of receipt of certified copy of this order.

29.10.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No