RAM BAHADUR SINGH Vs. DISTRICT MAGISTRATE DEORIA

JUDGEMENT

(1.) On 7-8-90 standing counsel was granted six weeks to file counter -Affidavit and it was directed that thereafter the petition shall be disposed of finally. No counter-affidavit has been filed. I accordingly proceed to decide this petition on merit.

(2.) The petitioner holds a fire-arm licence. By means of this petition under Art. 226 of the Constitution the petitioner has come up to this Court against the order dated 7-7-90 passed by District Magistrate, Deoria suspending his fire-arm licence. By the impugned order his licence has been suspended on the ground that the petitioner is more than 72 years of age and remains often ill and as his son has connection with unsocial elements and, therefore, there is possibility of abuse of the fire-arm. Learned counsel for the petitioner has assailed the order on the ground that the ground on which his fire-arm licence has been suspended, is untenable in law.

(3.) The first ground taken for suspension of licence is that the petitioner is over 72 years of age and often remains ill. In Gaya Ram v. District Magistrate cum Licensing Authority, Etawah reported in 1987 All WC 1065, it was held that the holder of licence is old by itself is no ground for revoking the licence. In view of the law laid down by this Court the first ground on which the petitioner's licence has been suspended is wholly untenable in law.