DEVENDRA SINGH CHAUHAN Vs. ADDI DIST MAGISTRATE

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel, who has accepted notice on behalf of the contesting Respondents. By means of present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned show cause notice dated 4th September, 2003. copy whereof is appen-ded as Annexure-T1 to the writ petition, which, according to the statement made at Bar, was served upon the petitioner in the first week of January, 2004, whereby the petitioner was asked to show cause as to why his fire arm licence granted under the provisions of the Arms Act, should not be cancelled. A perusal of the aforesaid show cause notice demon-strates that the petitioner was speci-fically asked for to submit a reply within fifteen days of the receipt of the aforesaid show cause notice. The petitioner has not yet submitted his reply, though fifteen days have already passed. Even if it is accepted that he was served with show cause notice only in the first week of January, 2004, then also fifteen days have expired. Learned counsel for the petitioner has contended that this order amounts to suspension of fire arm licence for indefinite period and in view of the case reported in Changa Prasad Sahu v. State of Uttar Pradesh, this cannot be done, therefore the authority erred in law and the petitioners fire arm licence should not be suspended. However, learned counsel for the petitioner submitted that the proceedings may go on, but the licence of fire arm of the petitioner should not be suspended. This argument advanced on behalf of learned counsel for the petitioner is not sustainable and cannot be accepted. From the perusal of the order, the petitioners fire arm licence has been suspended till the petitioner submits his reply; and till the matter is decided by licensing authority. It is admitted fact that till date, the petitioner has not submitted any reply to the aforesaid show cause notice.

(2.) In view of what has been stated above, the facts of the present case are different to that of C.PSahus (supra) and the law laid by the Full Bench of C.P. Sahu is not applicable to the facts of the present case. In the facts of the present case the fire arm license of the petitioner cannot be said to be suspended indefi-nitely.

(3.) This writ petition therefore has no force and is accordingly dismissed. However, in the facts and circumstance of the case, the Licensing Authority is directed to decide the case of the petitioner finally with regard to suspension of his fire arm licence within a period of three months from the date of receipt of a certified copy of this order, whether he submits the reply to the show cause notice aforesaid within fifteen days from today, or not, in accordance with law. Writ petition disposed of.