All HC | Order passed based on directions which were overridden cannot sustain in the eyes of law

Allahabad High Court: This petition was filed before a Bench of Saumitra Dayal Singh, J., against the order of the Appellate Authority where order passed by the licensing authority was affirmed and petitioner’s application for grant of firearm licence was rejected.

Petitioner contended that he had a genuine need of a firearm licence as he was a victim of crime. He placed before Court the reasons for carrying a firearm, that he was engaged in agricultural activities for which he had to travel in remote areas which can prejudice his own protection and protection of his property. However, the licensing authority rejected the application on account of certain interim directions issued by this Court in the case of Jitendra Singh v. State of U.P., Writ Petition No. 3268 (M/B) of 2018 but when Misc. Bench No. 828 of 2015 was finally decided the aforementioned directions were overridden.

High Court was of the view that petitioner’s application was rejected on the sole ground of the direction which were issued in Jitendra Singh case but since the directions which were given stood overridden as stated above, the impugned order passed by the authorities below cannot be sustained and was liable to be set aside. [Tushar Chaudhary v. State of U.P., 2019 SCC OnLine All 70, Order dated 07-01-2019]

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