BADRI PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.P. Singh, petitioner (in person) and Sri Rakesh Srivastava, learned Standing Counsel for the respondents. With the consent of the parties' Counsel, writ petition is heard at the admission stage.

(2.) In brief the facts of the present case are to the effect that petitioner has filed the present writ petition challenging the order dated 5.8.2010 passed by the appellate authority/Commissioner, Lucknow Division, Lucknow dismissing his appeal filed against the order dated 5.6.2010 passed by the Licencing Authority/District Magistrate, Lucknow by which application for grant of Arms licence has been rejected.

(3.) Petitioner who appears in person submits that the impugned appellate order dated 5.8.2010 has been passed at the admission stage without summoning the record of the Licencing Authority. The said action on the part of the respondent No. 2 is contrary to the Rule 56 of the Arms Rules, 1962, as such the same is arbitrary in nature, liable to be set aside.