RIAZAT HUSSAIN Vs. COMMISSIONER ALLAHABAD DIVISION

JUDGEMENT

(1.) THE petitioner held a licence which was cancelled by the District Magistrate, Allahabad, by his order dated 27th June, 1970, The petitioner's appeal to the Commissioner also failed. He has now approached this Court under Article 226 of the Constitution.

(2.) IT appears that the petitioner was involved in a case under Section 107/117, Cr. P. C. The District Magistrate, Allahabad, suspended the petitioner's licence for that reason and asked him to show cause why his licence should not be cancelled. The petitioner submitted a written reply which was not accepted by the District Magistrate and eventually he cancelled the petitioner's licence.

(3.) LEARNED counsel for the petitioner has challenged the order of the District Magistrate as also of the Commissioner on various grounds. The principal ground as disclosed in the rejoinder-affidavit is that, according to the standing orders issued by Sri M. S. Dass, the then Commissioner, Allahabad Division, Allahabad, files relating to cases under the Arms Act were not allowed to be inspected by the persons concerned. According to the learned counsel, for that reason the petitioner was not able to inspect the record either before the District Magistrate or before the Commissioner. In the counter-affidavit of Misri Lal, it has been stated that the petitioner did not make any written application for inspection and no such application is on the record. The petitioner himself has not stated categorically that he made any application for inspection of the record. He has made a vague assertion that his request for inspection was refused by the office of the District Magistrate as also by the office of the Commissioner. In these circumstances much weight cannot be attached to this ground.