The Allahabad High Court has ordered the deduction of Rs 100 per day from the salary of the District Magistrate, Prayagraj for not disposing an arms license application within the prescribed period, and the same be paid as compensation to the petitioner.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Pawan Kumar Singh.
The petition has been filed with the following prayer:-
” Issue a writ order or direction in the nature of mandamus directing the respondent No 2 for granting Arms License, which is liable to be inherited by the petitioner of his late Father namely Mauji Lal Singh Son of Late Moti Lal Singh, Resident of Pahadi Kala, post office Naudhiya Uparhar, Tehsil-Bara Pahadi Kala Nauriha, Uparhar Allahabad Shankargarh, District Prayagraj.”
It is submitted by the counsel for the petitioner that the petitioner has applied for grant of arms licence before the respondent no 2 in the year 2023, however, till date the aforesaid application of the petitioner has not been decided by the concerned authority.
The Court said that it is to be seen that before the Court large number of petitions are being filed for directing the licensing authorities to consider the application for grant of arms licence of the applicants. The aforesaid large number of petitions are indicative of the fact that licensing authorities are not considering the applications for grant of arms licence in a time bound manner. The same may be indicative of red tapism, negligence or corrupt practices. The applications of the citizens are required to be considered by the authorities in a time bound manner so that citizens do not face any difficulty on account of the pendency of their applications.
The Standing Counsel submitted that application of the petitioner for grant of arms licence would be decided in a time bound manner.
Considering the circumstances of the case and the fact that application of the petitioner for grant of arms licence is pending consideration before the respondent no 2, the Court directed that the application for grant of arms licence of the petitioner shall be decided by the licencing authority within a period of three months from the date of production of certified copy of this order.
The Court provided that in the event the aforesaid application of the petitioner for grant of arms licence is not disposed of within the period herein above granted, the petitioner would be entitled to cost/compensation @ Rs 100/- per day (for each day delay after two months) which is to be paid by the respondent no 2 at the first instance and the same would be recoverable by the respondent no 2 from the salary of the erring officials. This cost/compensation is in addition to the other legal remedies available to the petitioner including the enforcement of the present order, according to law.
With the aforesaid observation/direction, the Court disposed of the petition.
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