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Balbir Singh Chhabra v. State Of U.P.And Others - WRIT - C No. 51209 of 2004 [2006] RD-AH 1514 (20 January 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 51209 of 2004

Balbir Singh Chhabra Vs. State of U.P. & others

Hon'ble Vineet Saran, J

The petitioner was granted an arms license in the year 2004. However, a notice was issued to the petitioner on 1.11.2004 to show cause as to why the arms license of the petitioner be not cancelled on the ground that two cases have been registered against him in the year 2004. However, by the said order itself, during the pendency of the proceedings for cancellation, the arms license of the petitioner was placed under suspension. Aggrieved by the said order dated 1.11.2004, the petitioner has filed this writ petition.

I have heard Sri K.N.Mishra, learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the State-respondents. Despite time having been granted, no counter affidavit has been filed although more than a year has passed. With the consent of learned counsel for the parties, this writ petition is being disposed of finally at the admission stage itself.

The main contention of the petitioner is that under section 17(3) of the Arms Act, pending proceedings for cancellation and enquiry, the license of the petitioner could not have been placed under suspension. In support of his submission the petitioner has placed reliance on a decision dated 9.9.2005 of this Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta Vs. State of U.P. and others) wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh Vs. State of U.P. and  others 1988 A.W.C.J. 1481, Kailash Nath Vs. State of U.P. 1985 A.W.C. 493  as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate, Azamgarh and others 1998 All. C.J. 1449, it has been held that the licensing authority has no power to suspend the arms license pending enquiry.

Accordingly, in view of the law laid down in the aforesaid decisions, the suspension of the arms license of the petitioner in pursuance of the show cause/order dated 1.11.2004 is liable to be quashed and is accordingly, quashed.

However, the quashing of the suspension of the license will not prevent the Licensing Authority to proceed and conclude the proceeding for cancellation of the arms license pursuant to the impugned notice dated 1.11.2004.

If the petitioner has not submitted his reply till now, the same shall be submitted by him within three weeks from today and after considering the same, the Licensing Authority may pass appropriate final orders in accordance with law, as expeditiously as possible.

This writ petition stands partly allowed. However, there shall be no order as to costs.




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