IFTEKHAR AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner at this stage is, in fact, aggrieved by the order of suspension of his licences for rifle and D.B.B.L. gun bearing No. 148/90 and 156/99 respectively passed by the District Magistrate, Aurangabad (respondent No. 2) on 21 -6 -2001, contained in Annexure -4.

(2.) IT is submitted by the learned Counsel for the petitioner that the impugned order on the face of it is bad in law as the petitioner was not afforded any opportunity of being heard before passing the said order. It is submitted that the law in this regard is well settled that suspension/revocation of arms licence on any ground without affording an opportunity of being heard is bad and is in violation of the principles of natural justice. this Court in the case of Amar Sinha V/s. District Magistrate 1990 (1) PLJR 217, has held that it is mandatory on the part of the authority to give an opportunity of hearing before passing order under Sec. 17 (3) of the Arms Act, 1959. In this regard, learned Counsel has referred to the Statement made in paragraph 6 of the writ petition that ont he basis of the letter of S.P., Aurangabad, the District Magistrate, Aurangabad without giving any opportunity to file show -cause suspended the arms licences of the petitioner on 21 -6 -2001.

(3.) LEARNED Counsel for the State has submitted that the matter can be disposed of at this stage with a direction that the petitioner should move the District Magistrate, Aurangabad (respondent No. 2) with his aforementioned grievance and respondent No. 2 shall consider the same and dispose it of in the light of the law already settled.