PRABHU DAYAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BHANWAR Singh, J. Heard learned Counsel for the petitioner and the learned Standing Counsel for theopposite parties.

(2.) THE petitioner is under a notice from the officiating District Magistrate, Rai Bareilly to show-cause as to why his licence to hold gun should not be can celled. THE officiating District Magistrate has also directed the petitioner to deposit his gun with the Superintendent of Police, Rai Bareilly. It remains undisputed that a District Magistrate has no authority to order for deposit of the gun unless the licence has been cancelled. Since the petitioner has only been served with a notice and he has a right to file his objec tion against the show-cause notice, a direc tion asking the petitioner to deposit his fire arm is illegal.