Sudhir Agarwal, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondents. With the consent of learned counsel for the parties, I proceed to decide this matter under the Rules of the Court at this stage.
(2.) THIS is a simple case of real inaction and apathy on the part of District Magistrate by not only failing to discharge his statutory function within a reasonable time but also ignoring the order passed by superior authority and keeping the matter pending for years together. The factual matrix given rise to the dispute is quite short and simple. The petitioner applied for grant of fire-arm licence on 20.10.2008. It is said that police report submitted was in his favour but the licencing authority namely District Magistrate Moradabad alleging that there was some difference in date of birth mentioned in the application form and affidavit, rejected the application by order dated 30.5.2009. The petitioner preferred Appeal No. 92/08- 09 under Section 18 of Arms Act, 1959 (hereinafter referred to as "Act 1959") before the Commissioner, Moradabad Division Moradabad which was allowed by order dated 24.5.2010. The Commissioner held that if there was any confusion regarding date of birth, the District Magistrate could have required the applicant to clarify the same but on that count the application itself ought not have been rejected. The Appellate Authority accordingly set aside the order dated 30.5.2009 of District Magistrate, Moradabad and directed him to pass a fresh order by considering petitioner's application on merits. The matter was remanded to the District Magistrate accordingly. After this order of appellate authority, the District Magistrate kept silence over the matter and sitting tight did not pass any further order at all. The petitioner in the circumstances having waited for almost one and a half years but of no result has come to this Court in the present writ petition seeking a mandamus commanding respondent No. 2 to consider and pass appropriate order on his application.
(3.) THIS Court when entertained the writ petition on 21.11.2011 required learned Standing Counsel to seek instructions as to why District Magistrate has not passed any order on petitioner's application and is keeping the matter pending despite the fact that Commissioner passed appellate order on 24.5.2010 and has remanded the matter to respondent No. 2 with a direction to pass a fresh order. Learned Standing Counsel has produced before this Court a letter dated 21.11.2011 sent by District Magistrate, Moradabad addressed to the learned Standing Counsel stating that the petitioner has submitted letter for reconsideration only on 12.11.2010 which was received in his office by .registered post on 26.3.2011. The proceedings were initiated to take decision on his aforesaid letter by seeking a report from Senior Superintendent of Police/Deputy Inspector General of Police, Moradabad and the matter is pending. In the meantime, by State Government's notification dated 28.9.2011, a new District Bhimnagar was created hence entire record has been forwarded to the newly created District Bhimnagar. A photocopy of this letter with the consent of learned Standing Counsel is kept on record and shall constitute part of the record of this writ petition.;