BADSHAH KHAN Vs. DIST. MAGISTRATE OF LAKHIMPUR

JUDGEMENT

(1.) THE petitioner was granted a gun license on 21st of November 1951 covering gun No. 16203 BSA. During the period of continuance of his license, the District Magistrate by his order dated the 11th of March 1959, cancelled the aforesaid gun license. By means of this present petition, under Article. 223 of the Constitution of India the petitioner has asked for a writ of mandamus directing the opposite parties to cancel and not to give effect to the order dated the 11th of March, 1959.

(2.) AFTER the order was passed by the District Magistrate on the 11th of March, 1959, it appears that the petitioner filed an appeal to the proper authority. The appellate authority by its order dated the 1st of April, 1960 disposed of the appeal and held that as the petitioner had already applied for review to the District Magistrate of his previous order, the appeal could not be entertained. The appellate authority, however, expressed a hope that the District Magistrate will consider the review petition. After the matter went back to the District Magistrate, he by his order dated the 16th of June, 1960 rejected the petition for review. After this, the present petition was filed in this Court.

(3.) NO limitation is prescribed for the exercise of powers under Article 226 of the Constitution, but if there has been a delay, this Court will be reluctant to exercise its discretion under Article 226 of the Constitution. Each case will have to be looked on its own facts. In the present case, an appeal was filed. The right of appeal has been given to the petitioner under the provisions of the rules.