(1) Heard learned counsel for the petitioner and learned Standing Counsel who appears for the State-respondents.
(2) This writ petition has been filed by the petitioner challenging the order passed by the Licensing Authority, the District Magistrate, Rae Bareli, dated 30.07.2010 cancelling the Fire Arm License and the order passed in Appeal on 10.04.2014 by the Commissioner Lucknow Division. During the pendency of the writ petition, the petitioner has died and an application for substitution has been moved by one Anand Kumar S/o Late Shiv Bahadur Yadav.The application for substitution has already been allowed by this Court on 30.03.2017.
(3) This Court has considered the orders impugned. Since the arms license of the then petitioner Shiv Bahadur Yadav had been cancelled only because of pendency of a criminal case against him, Learned counsel for the petitioner has argued that now after acquittal in the criminal case by the learned Additional District Judge/F.T.C. Court No.1, Rae Bareli, on 18.03.2015, there is no good ground to continue with the cancellation order.
(4) The Arms License was issued to the petitioner Shiv Bahadur Yadav who has now died.
(5) Without expressing any opinion on the validity of the orders impugned, this writ petition is finally disposed of.
(6) It shall be open for the legal heirs or representatives of the original writ petitioner to apply afresh for grant of Fire Arm License under the 2016 Rules which application shall be considered and appropriate orders be passed thereon by the Licensing Authority.
Order Date :- 27.8.2019 PAL