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SURENDRA YADAV versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Surendra Yadav v. State Of U.P. & Others - WRIT - C No. 64090 of 2005 [2005] RD-AH 1540 (3 July 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 38

Civil Misc. Writ Petition No. 64090 of 2005  

Surendra Yadav Vs. State of U.P. & others

Hon'ble Vineet Saran, J

The petitioner was granted  an arms licence in the year 1995. By an order dated 30.8.1999 the arms licence of the petitioner was cancelled by the District Magistrate, Ghazipur. Challenging the said order, the petitioner filed an appeal before the Commissioner, Varanasi Division, Varanasi. By order dated 3.4.2002 the Commissioner remanded the matter back to the licencing authority for afresh decision. The licencing authority thereafter on 31.7.2002 again passed an order canceling the arms licence of the petitioner. Against the said order the petitioner filed an appeal before the Commissioner. By an order dated 19.10.2004 the Commissioner again remanded the matter back to the licencing authority. The District Magistrate/Licencing Authority on 2.2.2005 again cancelled the arms lience of the petitioner. The appeal filed again by the petitioner against the third order of cancellation of the arms licence was dismissed by the Commissioner vide order dated 5.7.2005. Aggrieved by the aforesaid order dated 2.2.2005 passed by the District Magistrate, Ghazipur, respondent no.2 and the order dated 5.7.2005 passed by the Commissioner, Varanasi Division, Varanasi, respondent no.3  the petitioner has filed this writ petition.

I have heard Sri Kamal Krishna, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. Despite time having been granted and more than eight months having passed, no counter affidavit has been filed. In such circumstances, this writ petition is being disposed of finally at this stage.

The sole ground for cancellation of the arms licence of the petitioner is because of pendency of a criminal case  against him. It has been held by this Court in the cases of Takdeer Singh Vs. Commissioner, Jhansi Division, Jhansi and others 2005 A.D.J. 349(All); Hausala Prasad Tiwari Vs. State of U.P. and others 2005 (1) U.P.Cr.R.273 and Sheo Prasad Misra Vs. The District Magistrate Basti and others 1978 A.W.C. 122 that on mere pendency of criminal case, the arms licence cannot be cancelled.

Having heard learned counsel for the parties and considering the facts of this case and also the aforesaid decisions of this Court as well as keeping in view that the petitioner has never been convicted in any criminal case, in my view, the fire arms licence of the petitioner could not have been cancelled merely on the ground of pendency of a criminal case against him. It is also noteworthy that even in the last six years since the initial cancellation of the licence on 30.8.1999, no other criminal case is alleged to have been lodged against the petitioner. In such circumstances, the cancellation of the arms licence of the petitioner  does not appear to be justified.

Accordingly, the impugned orders dated 2.2.2005 and 5.7.2005 passed by the District Magistrate, Ghazipur, respondent no.2 and the Commissioner, Varanasi Division, Varanasi, respondent no.3 are quashed.

In the result, this writ petition succeeds and is allowed. No order as to costs.          

Dt/-3.7.2006

Ru


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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