Court No. - 7
Case :- WRIT - C No. - 39025 of 2018 Petitioner :- Darshan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. The grievance of the petitioner is that the Commissioner, Saharanpur Division has, by an order dated 27.09.2018, dismissed the appeal filed by the petitioner against the order dated 28.06.2017 passed by the District Magistrate, Muzaffar Nagar, cancelling the fire arm licence of the petitioner solely on the basis that a single criminal case against the petitioner being Case Crime No. 246 of 2015 that had been registered under the Wildlife Protection Act, though, in the case of the co-accused, in the same case, the fire arm licence that had been cancelled by the District Magistrate, Muzaffar nagar in identical circumstances being in the case of Kashmir Singh, the said Appellate Authority by a separate order dated 12.03.2018 passed in Case No. 714 of 2017 allowed that appeal and set aside the cancellation order passed in respect of Kashmir Singh.
2. It is thus submitted that contrary findings and conclusions have been drawn by the Commissioner which rendered the present order perverse and arbitrary. It is submitted that similarly situated persons had to be dealt with similarly in law.
3. Learned Standing Counsel fairly states that though there is no distinction in the facts of two cases, perhaps different conclusions have been drawn because of separate hearing.
4. It being not disputed that the fire arm licence has been restored in the case of Kashmir Singh by order dated dated 12.03.2018 passed by the Commissioner, Saharanpur Division, the impugned order passed against the petitioner dated 27.09.2018 by the same authority cannot be upheld, since that order has not been passed after consideration of all facts and reasoning contained in the order dated 12.03.2018 passed by the same authority in the case of Kashmir Singh.
5. Accordingly, the impugned order dated 27.09.2018 passed by the Commissioner, Saharanpur Division is set aside. The matter is remanded to the said authority to pass a fresh order in light of the observations made in this order, within a period of two months from the date of production of a certified copy of this order.
6. In case, the Appellate Authority is not inclined to agree with the order dated 12.03.2018 passed in the case of Kashmir Singh, it is expected that specific reasons would be recorded in the order that would be passed. Disposed of.
Order Date :- 29.11.2018 AHA