Narinder Kaushal v. State Of Punjab And Others

2024:PHHC:050606 CWP-24099-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101) CWP-24099-2023 Date of decision:- 16.04.2024 Narinder Kaushal

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Ashir Gulati, Advocate, for the petitioner. Ms. Amrita Garg, AAG, Punjab.

...

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 respondent No.2, to consider the representation of the petitioner dated 25.08.2022, Annexure P-4, whereby, he has sought renewal of Fire Arms License.

2.

Counsel for the petitioner submits that petitioner was granted a License under the Arms Act, 1959, in the year 2014, which was renewed from time to time and was valid upto June, 2020. He submits that the petitioner deposited the firearm with a private Gun House and applied for renewal of the License in November, 2022, but the application is still pending. Counsel submits that despite submitting a representation, Annexure P-4, no action has been taken by the respondent-authorities. KAMAL SHARMA 2024.04.19 10:00 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh

2024:PHHC:050606 CWP-24099-2023 -23.

Pursuant to the order passed by this Court, State counsel has instructions to state that the application is under consideration. Upon specific instruction, State counsel submits that petitioner has been named as an accused in some criminal cases.

4.

Be that as it may, it is an admitted fact that petitioner has submitted an application for renewal of arms license, which has not been decided for the last almost one and a half year. Although, no time frame has been stipulated in the Arms Act, 1959 or rules framed thereunder to deal with the application, but the authorities cannot sit over the application for months together.

5.

Therefore, respondent No.2 is directed to take a final decision on the application submitted by the petitioner as expeditiously as possible, preferably within a period of four months from the date of communication of this order.

6.

Writ petition is disposed of.

(SUVIR SEHGAL) JUDGE 16.04.2024 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2024.04.19 10:00 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh