Naresh Kumar Goel vs. Department Of Defence Production
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
16 Dec 2022
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Order Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 17143/2022
NARESH KUMAR GOEL ..... Petitioner
Through: Mr. H C Suri and Ms. Harshita Bansal, Advocates.
versus
DEPARTMENT OF DEFENCE PRODUCTION & ORS.
..... Respondents
Through: Ms. Harshita Nathrani, Advocate for Mr. Sameer Vashisht, ASC for GNCTD
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 07.05.2024
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The Petitioner has approached this Court for a direction for quashing a communication dated 30.12.2021 directing the Petitioner to deposit the weapon i.e., a .32 BA bore rifle No.170877 which has been endorsed on the arms license of the Petitioner bearing No. WDPV/3/1995/20.
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A counter affidavit has been filed on behalf of the State Government. Paragraph 8 of the counter affidavit states that Rule 17 of the Arms Rules, 2016 provides for an appeal before the Hon'ble Lt. Governor.
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Confronted with the availability of an alternate efficacious remedy to the Petitioner, the Petitioner seeks permission to withdraw this writ petition with liberty to approach the Appellate Authority.
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Permission and liberty, as prayed for, is granted.
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The time taken by the Petitioner from filing this writ petition till the disposal of the writ petition be taken into account while calculating limitation, if any, while preferring an appeal/revision.
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It is made clear that this Court has not made any observation on the merits of the case and this Court is not inclined to entertain this writ petition only because of the availability of an alternate efficacious remedy.
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The petition is disposed of along with pending application(s), if any.
SUBRAMONIUM PRASAD, J
MAY 7, 2024 hsk