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Ramesh Chandra Shukla v. State Of U.P. Commissioner & Others - WRIT - C No. 61697 of 2005 [2006] RD-AH 9633 (16 May 2006)


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Court No.10

Civil Misc. Writ petition No. 61697 of 2005

Ramesh Chandra Shukla  Vs. State of U.P. and others.

Hon'ble V.C.Misra,J.

Heard learned counsel for the petitioner and learned standing counsel and perused the record.

This writ petition has been filed being aggrieved by the impugned orders dated 11.3.2002 and 8.6.2005 (Annexures No. 3 and 5 to the writ petition) passed by respondent no.1 and 2 respectively by which arms licence no. 4036 against DBBL Gun no.15143 and arms licence no.4474 against pistol no. 173245 so issued had been cancelled on the ground that the petitioner has crossed the age of 85 years and had very week vision and unable to use his weapons and further that his son Sri Vimal Shukla was involved in a murder case and other such serious and heinous crime.

Being aggrieved the petitioner filed an appeal before the Commissioner, Kanpur Division, Kanpur which was rejected upholding the order of the District Magistrate, Auraiya.  From perusal of the impugned order, it is found that the District Magistrate, Auraiya had granted three months' time to the petitioner to sell his weapons through arms licence dealer.

On perusal of the entire record, I do not find any illegality or any material irregularities having been committed in the impugned orders.   Learned counsel for the petitioner has submitted that the time was granted by the District Magistrate, Auraiya to sell the weapons to a registered arms licence dealer within three months. Learned counsel has requested that the said time may be extended and petitioner may be allowed to sell his weapons.

Looking into the facts of this case, for this purpose, the petitioner may approach the District Magistrate, Auraiya-respondent no.2 through a representation.  In case, the said representation is filed within a period of one month from today along with a copy of the writ petition with certified copy of this order before the District Magistrate, Auraiya-respondent no.2, he shall decide the said same (representation) expeditiously preferably within a period of six weeks strictly in accordance with law.

With these observations, the writ petition is disposed off.  No order as to costs.  





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