LAWS(ALL)-2000-5-62

FUZAIL AHMAD Vs. COMMISSIONER ALLAHABAD MANDAL

Decided On May 08, 2000
FUZAIL AHMAD Appellant
V/S
COMMISSIONER, ALLAHABAD MANDAL Respondents

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ order or direction in the nature of certiorari quashing the order dated 24.8.1999 whereby the licensing authority under the Arms Act cancelled the firearm licence of the petitioner. Challenging the validity of the said order, the petitioner preferred an appeal before the Commissioner, Allahabad Division, Allahabad. The Commissioner dismissed the appeal holding that it was not maintainable.

(2.) Learned counsel for the petitioner submitted that the order passed by the Commissioner is wholly illegal. He should have applied his mind to the facts of the case and should have decided the appeal by means of reasoned order, after perusal of record. Learned standing counsel has only formally opposed this petition. He virtually conceded that the impugned order passed by the Commissioner was not a valid order.

(3.) As desired by the learned counsel for the parties, this petition is disposed of finally at this stage.