Court No. - 7
Case :- WRIT - C No. - 38982 of 2018 Petitioner :- Hemant Kumar Dwivedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Misra Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. The present writ petition is directed against the notice-cum- order dated 10.04.2018 issued by the District Magistrate, Kaushambi, by which the petitioner's fire arm licence has been suspended. He has further been directed to surrender the fire arm and show cause as to why his fire arm licence be not cancelled.
2. Petitioner claims that the aforesaid show cause notice-cum- order was first served on him on 27.10.2018. Therefore, the present writ petition is stated to have been filed without delay.
3. On merits, it has been submitted that there does not exist any authority with the licencing authority to routinely suspend the fire arm licence by an ex-parte order. Normally, a show cause notice must precede issuance of a suspension order. Inasmuch as no opinion has been formed that furnishing of such reason would not be in public interest, the impugned notice-cum-order has been assailed on the ground of violation of principles of natural justice, inasmuch as for the purpose of passing the suspension order under Section 17(3), such notice was necessary.
4. It has then been submitted that further direction issued by the licensing authority requiring the petitioner to surrender the fire arm is also contrary to law. Insofar as the show cause notice issued to cancel the fire arm licence is concerned, it has been submitted that the petitioner is a law abiding citizen and that he has not incurred any disqualification as may entail termination or cancellation of the fire arm licence issued to him.
5. On the other hand, learned Additional Chief Standing Counsel appearing for the State submits that in the first place, petition is belated. He further submits that against the impugned notice-cum-order, the petitioner has an alternative remedy of appeal. He then submitted that, perhaps the impugned notice- cum-order was occasioned by a police report as to bad character or antecedents of the petitioner and, in any case, petitioner has yet not furnished his reply to the notice. Therefore, it has been submitted that no interference is warranted in the present petition.
6. Having considered the arguments advanced by learned counsel for the parties, in the first place, no useful purpose would be served in keeping the petition pending or calling for a counter affidavit as regards delay since, in view of specific averments made in paragraph 17 of the writ petition that the impugned notice-cum-order was first served on the petitioner on 17.10.2018, the objection as to delay is not being adjudicated at this stage. Then there is no denial that, at present, the impugned notice-cum-order does not establish either that a police report had been submitted as may warrant passing of the ex parte suspension order under Section 17 (3) of the Arms Act read with Section 17(5) thereof. Consequently, it is difficult to imagine the explanation for passing such an order, requiring to surrender the fire arm licence in the meanwhile.
7. Accordingly, the writ petition is disposed of with the following directions:
(i) The petitioner shall file his reply to the show cause notice- cum-order dated 10.04.2018 latest by 13 December 2018.
(ii) Upon such reply being furnished, the licencing authority shall pass a final order with respect to the cancellation of fire arm licence of the petitioner within a period of three weeks therefrom.
(iii) For a period of two months from today or till the final decision is passed by the licensing authority whichever is earlier, the petitioner may not be required to surrender the fire arm licence so long as he continues to comply with other provisions of law.
Order Date :- 29.11.2018 AHA