Court No. - 7
Case :- WRIT - C No. - 38447 of 2018 Petitioner :- Tahroob Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. The present writ petition has been filed against the show cause cum order dated 18.04.2018 issued by the District Magistrat-Shahjahanpur by which the petitioner's arms license has been proposed to be cancelled and also the petitioner has been directed to surrender his fire arm during the pendency of such proceedings.
2. Perusal of the notice dated 18.04.2018 indicates that in first place, proceedings for cancellation of the petitioner's fire arm license has been initiated.
3. The petitioner claims to have filed his reply thereto. However, the fire arm license has not yet being cancelled.
4. As to the suspension, it does not appear that any separate order has been passed to suspend the fire arm license of the petitioner. While it may remain open to the District Magistrate to initiate proceedings to suspend that license in terms of Section 17(3) read with Sub-Section (5) of the Arms Act, 1959, at present, it does not appear that such order has been passed after the issuance of any notice to the petitioner.
5. Perusal of the notice also does not indicate whether the licensing authority had formed any opinion that it will not be in the public interest to furnish the statement of reasons required under Section 17(5) of the Arms Act, 1959.
6. In such facts, no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit at this stage.
7. Accordingly, the writ petition is disposed of with a direction that during the pendency of the proceedings for cancellation of the petitioner's fire arm license, the petitioner may not be forced to surrender his fire arm license unless a separate order to suspend his fire arm license is passed in accordance with law.
8. However the proceedings for cancellation of the fire arm license may be concluded as expeditiously as possible preferably within a period of two months' from today.
9. Let a copy of this order be supplied to learned counsel free of cost within twenty four hours.
10. Accordingly, the writ petition is disposed of with the said directions.
Order Date :- 28.11.2018 S.Chaurasia