BAGGA SINGH Vs. DIST. MAGISTRATE

JUDGEMENT

(1.) THIS is a petition by Bagga Singh under Article 226 Constitution of India for a writ requiring the District Magistrate, Barnaja to restore to him his gun and the license in respect of it. He had -been continuously in possession of a 12 bore D.B.B.L. gun for the last 16 years under a duly granted license, as is evident from his affidavit The state has not clearly controverter that affidavit. He has, however, been admitted to have been a license -holder since 11 -12 -2004 Bk.

(2.) THE District Magistrate was moved and he 'made the following short and perfunctory order: License be cancelled and the licensee be asked to sell his gun within the prescribed period."

(3.) IT was contended on behalf of the State that the report of the S.H.O. and the concurring endorsements of the A.S.P. and S.P. must have ..been before the District Magistrate when he made 'the order and that it should, therefore, be presumed that they afforded the District Magistrate grounds for satisfaction that it was necessary to deprive the Petitioner of his license in the interest of public security. . The order was not endorsed on any of these papers put on a prà ((THELAW))cis prepared in his office.