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Amit Dubey vs State Of U P And Others

High Court Of Judicature at Allahabad|24 September, 2021
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JUDGMENT / ORDER

Court No. - 19
Case :- WRIT - C No. - 24225 of 2021 Petitioner :- Amit Dubey Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vinod Kumar Srivastava,Arjit Srivastava,Usha Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed against the order of suspension of arms licence and the petitioner has approached this Court directly though there is an alternative remedy available to him.
V.K.Srivastava, learned counsel for the petitioner submits that the principles of natural justice are violated and the licensing authority ought to have given notice to the petitioner before passing the order of suspension.
In this regard the law is settled.
A Full Bench of this Court in Kailash Nath and Others Vs. State of U.P. & Anr, , A.I.R. 1985, All, 291, and Chhanga Prasad Sahu and others Vs. State of U.P. and others, 1984 All WC, 145, in specific term has held that there is no mandatory requirement to hear the licensee before passing the order of suspension and a post hearing is provided to the petitioner by the licencing authority while passing the impugned order by way of issuing a notice to file reply/clarification. Admittedly, petitioner has not filed any reply to the notice.
This writ petition, therefore, sans merit and it is dismissed accordingly.
Order Date:-24.9.2021 SB
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Title

Amit Dubey vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
24 September, 2021
Judges
  • Saurabh Shyam Shamshery
Advocates
  • Vinod Kumar Srivastava Arjit Srivastava Usha Srivastava