Rameshwar Singh vs State Of U P And 2 Others
2021 Latest Caselaw 3678 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 6981 of 2021
 

 
Petitioner :- Rameshwar Singh
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Hari Prakash Mishra
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Rajiv Joshi,J. 

Heard Sri Anil Bhusan, learned Senior counsel assisted by Sri Hari Prakash Mishra, learned counsel for petitioner and learned Standing counsel.

Present writ petition has been filed for quashing the impugned notice dated 18.12.2020 passed by respondent no.2- District Magistrate, Etah, so far it directs for the suspension of the licence of the petitioner.

It is submitted by learned counsel for the petitioner that no notice has been given to the petitioner before passing the order. It is further submitted that the license of the petitioner has been suspended on the ground that some previous cases were registered against the petitioner. However, the petitioner is acquitted in few cases and in other cases final report was submitted. It is further submitted that in exercise of power under Section 17 (3) of Arms Act, 1959, the District Magistrate, Etah, while calling the explanation for cancellation, without assigning any reason suspended the firearm licence of the petitioner.

In support of his argument, learned counsel for the petitioner has placed reliance upon the judgment of this Court rendered in the case of Bhupendra Singh and another vs. State of U.P. and others, 2012 (76) ACC 1. Learned counsel for the petitioner further submits that in a decision dated 9.9.2005, in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta v. State of U.P. and others), after considering the Full Bench decision of this Court in the cases of Balaram Singh v. State of U.P. and others, Kailash Nath v. State of U.P., as well as the Division Bench of this Court in the case of Sadri Ram v. District Magistrate, Azamgarh and others, it has been held that the licensing authority has no power to suspend the arms licence.

Matter requires consideration.

Learned Standing counsel prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any may be file within two weeks, thereafter.

List thereafter.

Till the next date of listing, the effect and operation of impugned notice dated 18.12.2020 passed by respondent no. 2- District Magistrate, Etah, so far it suspends the firearm licence of the petitioner, shall remain stayed. However, It is made clear that the proceedings of cancellation of firearm licence of the petitioner shall go on.

Order Date :- 16.3.2021

S.P.