IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 29^th OF MARCH, 2023

WRIT PETITION No. 2916 of 2023

BETWEEN:-

M/S SHARMA GUN HOUSE, THROUGH PROP. SMT.

RAJKUMARI SHUKLA W/O SHRI SUNIL SHUKLA, AGED

44

YEARS,

R/O BAHODAPUR GWALIOR (MADHYA

PRADESH)

.....PETITIONER

(BY SHRI ARUN DUDAWAT - ADVOCATE)

AND

1.

STATE

OF

MADHYA

PRADESH

THROUGH

PRINCIPAL

SECRETARY

DEPARTMENT

OF

HOMES

MANTRALAYA

VALLABH

BHAWAN

BHOPAL (MADHYA PRADESH)

2.

THE DISTRICT MAGISTRATE DISTRICT GWALIOR

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SHIRAJ QURESHI- GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

The present petition under Article 226/227 of the Constitution of India

has been preferred against the in action on the part of the respondents in not

deciding the application filed by the petitioner for renewal of the Arms Dealer

Licenses and as per the standing orders of the respondents, petitioner is

precluded from running her shop after expiry of the period of her license on

31.12.2021.

1

Signed by: CHANDNI

NARWARIYA

Signing time: 29-Mar-23

7:11:27 PM

Signature Not Verified

Learned counsel for the petitioner submits that the Arms Dealers License

issued to the present petitioner had expired on 31.01.2021 and since the

husband of the petitioner was suffering from serious ailment caused due to Post

Corona Syndrome and had sustained head injury which has caused damage to

back bone and shoulder dislocation and also has injury in the chest due to

which she was prevented to submit renewal application within stipulated period

and submitted the same belatedly on 31.12.2022 with requisite fees, but the

respondents have not decided her renewal application so far and are sitting tight

over the matter. He further submitted that as per Rule 24 of the Arms Rule,

2016 the petitioner is required to file an application for renewal of license within

60 days prior to expiry of the said license, but if such application is not

furnished within the aforesaid period and the period between the date of expiry

and date of application is not long, the authority can consider it and renew the

license, otherwise the application may be treated as one for grant of a fresh

license, but the respondent/authorities have neither renewed the license nor has

decided the said application treating it to be a fresh application. Thus, he prays

that direction be issued to the respondents to decide the application as

expeditiously as possible within time bound frame.

Per contra, learned Government Advocate submits that he has no

objection if such directions are issued to the respondents and if the application

filed by the petitioner is within the permissible limits of the law.

After hearing counsel for the parties and perusing the record, since the

application for renewal of the Arms Dealers Licenses No.XI (4-N) 2009, XII (5-

N) 2009 is pending for renewal, the same is directed to be decided by the

competent authority as per Rule 24 of the Arms Rule, 2016 as expeditiously as

possible within a period of one month from the date of receipt of certified copy

2

Signed by: CHANDNI

NARWARIYA

Signing time: 29-Mar-23

7:11:27 PM

Signature Not Verified

(MILIND RAMESH PHADKE)

JUDGE

of this order.

With the aforesaid, the petition stands disposed of.

E-copy/Certified copy as per rules and directions.

Chandni

3

Signed by: CHANDNI

NARWARIYA

Signing time: 29-Mar-23

7:11:27 PM

Signature Not Verified