BABU KHAN Vs. COMMISSIONER MORADABAD DIVISION MORADABAD

JUDGEMENT

(1.) R. K. Agarwal, J. By means of the present writ petition, the petitioner seeks a writ of certiorari quashing the order dated 17-9-1990 passed by the Commis sioner, Moradabad Division, Moradabad respondent No. 1, (filed as Annexure-7 to the writ petition) and order dated 30-11-1989 passed by the A. D. M. (City), Moradabad respondent No. 2, (filed as Annexure-6 to the writ petition ). Vide order dated 30-11-1989 the A. D. M. (City) Moradabad had cancelled the arms licence of the petitioner on the ground that the dispute is going on in the Court against the petitioner in respect of the construction of mosque. The order has been confirmed in appeal by Commis sioner, Moradabad Division, Moradabad vide his order dated 17-9- 1990. From the perusal of the order dated 17-9-1990 it will be seen that the proceedings for cancelling the arms licence of the petitioner was taken on the ground that the case under Sections 107/116, Cr. P. C. has been registered against the petitioner. The petitioner had stated before the Commis sioner that the proceedings in the said case have been dropped and, therefore, the very basis for cancelling the licence is not in existence. The petitioner further sub mitted before the Commissioner, Moradabad that in respect of two other persons holding arms licence against whom proceedings under Sections 107/116, Cr. P. C. were initiated, the orders of cancellation of their licences have been revoked, whereas in the present case of the petitioner the order cancelling the licence has been maintained.

(2.) I have heard Sri M. A. Qadeer, learned counsel for the petitioner and the learned standing counsel appearing on be half of the respondents. The learned Standing Counsel has not been able to prove that any proceedings or criminal cases against the petitioner is pending before the Court so as to justify the cancel lation of his arms licence. The only ground on which the arms licence was cancelled, was proceedings under Sections 107/116, Cr. P. C. being pending in the Court. The said proceedings have already been ter minated. Thus, there is no justification for upholding the order of cancellation of the arms licence. In view of the above discus sion the orders dated 30-11-1989 (An-nexure No. 6) and 17-9- 1990 (Annexure No. 7) of the writ petition are quashed. The writ petition is allowed. There shall be no order as to costs. Petition allowed. .