Rajeev Jagwani vs Lucknow Nagar Nigam Through Its ...
2022 Latest Caselaw 1837 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- WRIT - C No. - 1000311 of 2011
 
Petitioner :- Rajeev Jagwani
 
Respondent :- Lucknow Nagar Nigam Through Its Executive Officer Lucknow
 
Counsel for Petitioner :- Madan Gopal Mishra,O.P.Srivastava,Rakesh Srivastava
 
Counsel for Respondent :- C.S.C.,Sailendra Singh Chauhan,Shashi Prakash
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and the learned Additional Chief Standing Counsel.

The present petition has been filed challenging the order dated 16.01.20008 whereby the arms license of the petitioner was cancelled as well as the appellate order dated 26.11.2009 whereby the appeal was dismissed.

The counsel for the petitioner argues that the arms license granted to the petitioner was cancelled only on the ground that one case no.13 of 2006 was registered against the petitioner under sections 324, 504, 506 and 323 IPC. He argues that the petitioner was a Collection Amin and the case was lodged against the petitioner on account of rivalry. He further argues that even otherwise, no steps for cancellation can be taken under section 17(3) (b) of the Arms Act unless a finding is recorded that there is apprehension of breach of public peace or safety, merely on account of the pendency of the criminal case, the arms license cannot be cancelled. He has placed reliance on the judgment of this Court in case of Mohd. Haroon vs. The District Magistrate, Siddharth Nagar; [2003 (21) LCD 548] and Ram Murti Madhukar vs. District Magistrate, Sitapur; [1998 (16) LCD 905]. The appeal preferred by the petitioner was also dismissed.

Considering the fact that the arms license of the petitioner has been cancelled only on the basis of his involvement in one criminal case, which is contrary to the law laid down by this court in the above judgments referred. In the entire records, there is no finding recorded so as to invoke the powers under section 17(3)(b) of the Arms Act.

In view thereof, the impugned orders dated 16.01.2008 and 26.11.2009 are set aside.

The writ petition stands allowed.

Order Date :- 29.4.2022/VNP/-