RAJESHWAR DAYAL SHARMA Vs. DISTRICT MAGISTRATE BULANDSHAHAR

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 30/06/1990 by which fire-arm licence No. 689189, P. S. Khurja Nagar, district Bulandshahar has been cancelled by respondent No. 1 District Magistrate, Bulandshahar. The aforesaid order of respondent No. 1 has been passed on the basis of the order dated 30/04/1990 passed by respondent No. 2, Commissioner, Meerut Division, Meerut. The petitioner filed a supplementary affidavit on 19/07/1990 in Court and this Court on same day granted three weeks time to learned Standing counsel to file a counter affidavit. One week's time thereafter was granted to the petitioner for filing a rejoinder affidavit. This writ petition was directed to be listed on 30/08/1990 and in the order it was specifically made clear that the writ petition shall be finally disposed of on the date of next listing. However in spite of this clear direction no counter affidavit has been filed.

(2.) I have heared learned counsel for the petitioner and learned standing counsel and I have persused the order dated 30/06/1990 Annexure-2 to the writ petition and order dated 30/04/1990 passed by respondent No. 2, Commissioner, Meerut Division, Meerut. After perusal of these two orders, in my opinion, this writ petition can be disposed of on a legal question involved even without there being any counter affidavit on behalf of respondents 1 and 2 and in these circumstances as sufficient time has already been granted and no counter affidavit has been filed, the writ petition is being finally diposed of as contemplated in the order dated 19/07/1990.

(3.) Learned counsel for the petitioner assailed order of the District Magistrate on the ground that it has been passed without giving any show cause notice and without affording any opportunity of hearing as required under Section 17 of the Arms Act. Learned counsel has further submitted that the order of the Commissioner, Meerut Division, Meerut, passed on 30/04/1990, is also illegal and wituout authority as the petitioner does not suffer from any disqualification either under this Act or any other law for time being in enforce from holding licence or keeping in his possession or carrying any fire-arm ammunition. There was also no necessity of cancellation of the licence of petitioner for the security of the public peace or for public safety as there was no such allegations against the petitioner. The learned counsel further submitted that there was no precondition for approval or verification of the State Government in granting the licence. The order of the Commissioner, Meerut Division, Meerut is wholly illegal and without authority.