ABDUL HAMEED Vs. DISTRICT MAGISTRATE COLLECTOR ALLAHABAD

JUDGEMENT

(1.) Abdul Hameed s/o Late Ali Husain r/o Village Malak Harhar, P.S. Saraon, District Allahabad, by means of this writ petition, has challenged the order of the City Magistrate, Allahabad dated 29-8-1992, as confirmed by the order dated 1 -11-1992 of the District Magistrate, Allahabad (Appellate Authority) refusing to grant licence for D.B.B.L. gun to the petitioner. It is stated in the writ petition that the petitioner belongs to a respectable family which has sufficient immovable property but of late unsocial elements have turned their evil eyes towards the life and property of the petitioner. The petitioner, therefore, made an application for the licence of a D.B.B.L. gun. It is further stated in the writ petition that the petitioner does not suffer from any disqualification for obtaining a gun licence, that the police of P.S. Saraon has recommended the grant of licence vide its report dated 23-7-1992. The order of the City Magistrate, dated 29-8-1992 is quoted in Para No. 6 of the writ petition. The only reason assigned for the refusal of the licence to the petitioner is that in the village of the petitioner there are 33 licences. Only for the above reason the learned City Magistrate has refused to grant licence to the petitioner.

(2.) On 3-2-1993 the learned Standing Counsel prayed for (and) was granted two weeks time to file a counter-affidavit. No counter-affidavit was filed vide office report dated 26-2-1993. The case came up before me on 29-3-1993. The learned Standing Counsel orally requested that further time be granted for counter-affidavit. The learned Standing Counsel, however, could not give any satisfactory explanation as to why the counter-affidavit was not filed even though sufficient time has elapsed. The case is of Allahabad District and even a week's time was more than sufficient for filing a counter-affidavit. It has become almost a practice for the concerned officials to take time without any reason and cases linger on indefinitely on this score. This sort of practice also breeds corruption, therefore, no further time was allowed.

(3.) I have heard the learned counsel for the petitioner and the learned Standing Counsel on merits of the case.