BALVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has come to this Court in the present writ petition under Article 226 of the Constitution with a simple complaint of inaction on the part of District Magistrate, Farrukhabad regarding noncompliance of the order dated 06.04.2011 passed by Commissioner, Kanpur Mandal, Kanpur in an appeal filed under Section 18 of Arms Act against the District Magistrate's order dated 12.08.2010 whereby petitioner's firearm licence was cancelled. The Commissioner allowed the appeal, set aside District Magistrate's order and sent record back to District Magistrate for necessary action. The complaint of petitioner is that despite appellate order passed by Commissioner, the District Magistrate has not released/restored firearm licence No. 1472/94 and Rifle No. 3850.

(2.) Learned Standing Counsel initially sought time to seek instructions, why and under what authority the District Magistrate is keeping the matter pending and not considering restoration of firearm licence and release of weapon to the petitioner. Despite time having been granted on 09.08.2011 respondents failed to provide any instructions to learned Standing Counsel.

(3.) On 16.08.2011 when the matter was taken up again, learned Standing Counsel expressed his inability stating that despite information given to District Magistrate, he has not received any instructions. Consequently this Court directed respondent no. 2 to appear before this Court on 24.80.2011 and explain why Commissioner's order dated 06.04.2011 has not been complied with and in what circumstances he is sitting over the matter for such a long time.