High Court of Judicature at Allahabad
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Ramadhar Rai v. D.M. And Others. - WRIT - C No. 27775 of 2004  RD-AH 3601 (26 September 2005)
Hon'ble Vineet Saran, J
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of the respondents. Despite time having been granted, no counter affidavit has yet been filed.
The petitioner was granted an arms license. Initially his arms license was suspended in the year 1995. Then by the impugned order dated 4.4.2001 it has been directed by the District Magistrate, Ghazipur that the arms license of the petitioner shall remain suspended till the dispute relating to plot no. 2409 is settled.
An order of suspension cannot be made in perpetuity. The suspension of an arms license is contemplated only for the period during which enquiry is going on and final order is passed. In the present case the arms license of the petitioner has been suspended till the civil dispute relating to plot no. 2409 is resolved, which does not appear to be justified. Even otherwise there is no other criminal case pending against the petitioner nor does he have any criminal antecedents. In such view of the matter the impugned order dated 4.4.2001 does not appear to be justified and is liable to be quashed.
Accordingly, this writ petition is allowed and the order dated 4.4.2001 passed by District Magistrate, Ghazipur is quashed. No order as to cost.
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