SAHAB SINGH Vs. COMMISSIONER AGRA REGION AGRA

JUDGEMENT

(1.) VINEET Saran, J. The petitioner was granted an arms licence. On the basis of a report submitted by the police, on 19-8- 2002, the petitioner was issued a show-cause notice for cancellation of his arms licence and his arms licence was also placed under suspension by the said order itself. The reply was submitted by the petitioner and on finding that the licence number mentioned in the order was wrong, the proceedings for cancellation were dropped vide order dated 9-9-2002 passed by the licensing authority. Thereafter again by order dated 28-9-2002, the gun licence of the petitioner was placed under suspension and a notice to show-cause was issued why his licence should not be cancelled. The petitioner submitted his reply to the said show-cause notice and thereafter vide order dated 29-11-2002 passed by the District Magistrate, respondent No. 2, the arms licence of the petitioner had been cancelled. The appeal filed by the petitioner was partly allowed and although the order dated 29-11-2002 passed by the District Magistrate was set aside vide order dated 27-8-2003 passed by the Commissioner, Agra Region, Agra but it was directed that the licence of the petitioner shall remain suspended till the decision in Criminal Case No. 124 of 2002 under Sections 147/148/149/307 IPC. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

(2.) HEARD learned Counsel for the parties. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at the admission stage itself.

(3.) ACCORDINGLY, this writ petition stands allowed. The orders dated 27-8-2003 and 29-11-2002 passed by respondent No. 1, the Commissioner, Agra Region, Agra and respondent No. 2, the District Magistrate, Agra respectively are quashed. There shall be no order as to costs. Petition allowed. .