UDAY PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 21st of June, 2001 (Annexure -7) passed by the State Government whereby the arms licences granted to the petitioner in Form XI and XII have been cancelled.

(2.) SHORT facts giving rise to the present . application are that the petitioner held duplicate licence no. 7 of 1997 (New) and 7 of 1996 (Old) in Form XI and duplicate licence no. 7 of 1997 (New) and 7 of 1996 (Old) in Form XII. Although the licences granted to the petitioner did not relate to prohibited bore arms and ammunition but in the licences so granted it was incorporated. In the opinion of the State Government the same were incorporated with the connivance of the petitioner for which the order of the Central Government was not obtained. Accordingly, a show cause notice was issued to the petitioner as to why his licences be not cancelled. Petitioner submitted his reply, inter alia, contending that entries of different prohibited bore arms and ammunition in the licences was made by the State Government and he has not played any fraud or misrepresentation. He further contended that although entry was made in the licences for prohibited bore arms and ammunition but he never dealt in same. The State Government considered the reply of the petitioner and by the impugned order cancelled his licences, inter alia, holding that by interpolation petitioner must have been benefited and as such he has role in the interpolation.

(3.) IN the background of the pleading it has to be accepted that although in the licence prohibited bore arms and ammunition were entered but the petitioner never dealt in that.