Samar Singh vs State of U.P. and Others

Vineet Saran, J.—The fire arms licence of the Petitioner has been placed under suspension vide order dated 29.5.2006. Aggrieved by the said order, the Petitioner has filed this writ petition.

I have heard Sri P.V. Singh, learned Counsel for the Petitioner as well as learned standing counsel appearing for the Respondents. With the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter-affidavit.

The sole ground for suspension of the fire arm licence is that the Petitioner as well as his family members have not repaid the loan of Tulsi Gramin Bank. It is very surprising that how the non-payment of dues of a Bank would be relevant for suspension or cancellation of the fire arms licence of the Petitioner. Such ground is not contemplated under the Act or Rules for cancellation.

Even otherwise, this Court in Civil Misc. Writ Petition No. 58216 of 2005, Ajay Kumar Gupta v. State of U.P. and Ors.,wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh v. State of U.P. and Ors. 1988 AWC 1481 and Kailash Nath and Others Vs. State of U.P. and Another, as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate/Licensing Authority, Azamgarh and others, , has held that the arms licence cannot be placed under suspension pending enquiry.

In the present case, the notice itself is misconceived as even if the ground mentioned in the notice is taken to be correct then too the licence of the Petitioner cannot be cancelled as the same is not a ground contemplated in law for cancellation or suspension of the arms licence. As such the order of suspension as well as the proceedings for cancellation in pursuance thereof, are both liable to be set aside.

This writ petition stands allowed and the order dated 29.5.2006, passed by the Respondent No. 2 is quashed. If in pursuance of the suspension order the licensed weapon of the Petitioner has been seized, the same shall be released to the Petitioner forthwith.

No costs.