KRISHNA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri. S.D. Yadav learned counsel for the petitioner and the learned standing counsel for the respondent State representing respondent Nos. 1, 2 and 3. Inspite of time having been granted no counter-affidavit on behalf of the State has been filed till date. The present petition arises out of proceedings for cancellation of an Arms licence of the petitioner under which he is in possession of a single barrel 12 bore gun. The show cause was issued to the petitioner on the ground that he is likely to use the said fire arms possessed by him to resist the realization of a co-operative loan. The petitioner submitted a reply to the said show cause notice and urged that he is prepared to deposit the amount in instalments and being a farmer it has become difficult to repay the amount on account of failure of crops. The petitioner also filed a writ petition being Writ Petition No. 32229 of 2006 against the recovery proceedings which was disposed of with certain directions giving breathing time to deposit the amount that was sought to be recovered.

(2.) The Collector proceeded to cancel the licence on the presumption that inspite of good rabi crops having been harvested the petitioner was deliberately not repaying the loan taken by him and as such there is every likelihood of the petitioner of his misusing the firearm possessed by him to threaten officials.

(3.) The submission of the learned counsel for the petitioner is that the order dated 11.5.2006 is based on a presumption which has no material basis and which can also not be a ground for the cancellation of an Arms licence as provided under the Arms Act. The said cancellation appears to be at the instance of the Co-operative Bank for the purpose of realization of recovery dues for which the petitioner had already filed a writ petition and have been passed in his favour. The petitioner rightly took this ground in his memo of appeal before the learned Commissioner but the Commissioner has ignored the aforesaid aspect and dismissed the appeal.