TRIJUGI NARAIN Vs. DISTRICT MAGISTRATE, ORAI AND OTHERS

JUDGEMENT

(1.) THIS writ petition is filed against the order passed under the Uttar Pradesh Arms Act. The aspect before the licensing authority was considered twice. First time the notice issued to the petitioner was decided. On the second innings the matter related to ten cases of these ten cases, nine were the subject matter of previous proceedings. The balance which remained was the solitary case. It appears that the learned Commissioner on an appeal has taken into account the ten cases which were considered by the licensing authority and thereby affirmed order for the cancellation of the arms licence.

(2.) IF the nine case were subject of a previous notice and the proceedings were consigned the satisfaction of the appellate authority would have to be in the remaining case or the balance case, giving allowance if there be any other case after the second order of the licensing authority. Then, in the totality of the circumstances, the appellate authority may consider the aspect whether the appeal is worth being considered whether for affirming the order by which the licence was cancelled or modifying it appropriately.

(3.) THE petition is allowed. There will be no order on costs.