DEVI PRASAD SINGH, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel. With the consent of learned counsel for the parties, I proceed to decide the present writ petition finally at admission stage.
(2.) THE petitioner has approached this Court under Art. 226 of the Constitution of India feeling aggrieved with the impugned orders, by which his licence for S.B.B.L. gun has been cancelled by the District Magistrate in pursuance to power conferred by Section 17 of the Arms Act, 1959(in short Act) which has been affirmed by appellate Court. The ground for cancellation of arm licence is that the petitioner's son Shri Nirbhay Singh possess checkered history and is a history sheeter in the police record at serial No.103 A. A show cause notice was served and after receipt of the reply, the arm licence has been cancelled on the ground that the possession of arm by the petitioner may be detrimental to law and order because of the petitioner's son being a history sheeter. The District Magistrate while passing the impugned order dated 3.9.2004, as contained in Annexure No.1, observed that there is apprehension of breach of peace and the petitioner's arm licence may be misused by his son who is alleged to be a history sheeter. Though the petitioner has tried to defend his cause inviting attention to a newspaper report dated 13.10.2002 with submission that his son is living separately but it could find favour with the district administration. The petitioner has further tried to defend himself by furnishing rashion card as well as extract of Pariwar Register to establish his submission with regard to separate living from his son. However, the District Magistrate has disbelieved the submission of the petitioner with regard to separate living and cancelled the arm licence on the ground that the gun may be misused by his history sheeter son.
(3.) LEARNED counsel for the petitioner submits that the petitioner's son Nirbhay Singh expired on 25.9.2004 and since he does not survive, the only ground on which the arm licence was cancelled does not exist.;