ARUN KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was granted an arms licence in September, 2001. His licence was suspended in December, 2002. After notice to the petitioner, his arms licence was, therefore, canceled by the District Magistrate, Jaunpur vide order dated 6 -3 -2003. Against the said order the petitioner filed an appeal, which was allowed by the Commissioner, Varanasi Region, Varanasi on 15 -10 -2003. After making observations and recording findings in favour of the petitioner, the matter was remanded back to the licensing authority for taking fresh decision. Thereafter by order dated 7 -6 -2004 passed by the District Magistrate, Jaunpur the licence of the petitioner has again been cancelled. Aggrieved by the said order the petitioner has filed this writ petition.

(2.) I have heard Sri Ali Hasan, learned Counsel appearing for the petitioner as well as the learned Standing Counsel appearing of the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at the admission stage itself.

(3.) LEARNED Counsel for the petitioner has, however, submitted that the petitioner has been acquitted in both the criminal cases which were registered against him. Copies of such judgments have been filed as Annexure Nos. 6 and 7 to the writ petition which have not been denied by the State -respondent in the counter -affidavit. As regards the other ground that the petitioner did not disclose his permanent address, it may be observed that it is not the case of the respondent that the petitioner is not resident of the place which has been shown by him in his application form. Thus, when the petitioner has actually given his correct address, he cannot be said to be guilty of misrepresentation which may form basis of cancellation of his arms licence.