- (1.) The petitioner has invoked the jurisdiction of this Court under Art.226 of the Constitution of India challenging the order passed by the Additional Collector (Rural), Allahabad dated 1-1-1982 cancelling the fire arm licence together with the order of affirmation dated 2-3-1982 passed in appeal by the Commissioner, Allahabad Division, Allahbad, and seeking the relief for quashing the same.
(2.) Brief facts leading to the controversy, as set out in the petition, are - (i) that the petitioner who is permanent resident of village Kanihar, P.S. Mau, District Banda, started living in village Parwejabad, P. S. Bara, District Allahabad, involving himself in Thekedari work of railway coal at Jasra, Allahabad, and also in the business of Tendu leaves. Realising the need of a fire arm for his protection, he, in the year 1974-75, applied in the prescribed form for the grant of a licence for a single barrel gun wherein he clearly mentioned his present address of village Parwejabad, District Allahabad and permanent address of Village Kanihar, District Banda. The Licensing Authority after obtaining the police report from both the police stations and having satisfied granted him a licence No.4015 in Form 3 whereupon the petitioner purchased SBBL Gun No. 10256. (ii) Subsequently one Sri Mahendra Pratap Singh, resident of village Kanihar, District Banda. who was inimical with him and subsequently committed murder of his brother, made an application to the district authorities at Allahabad on 20-11-1977 for cancellation of the fire arm licence of the petitioner saying that the petitioner is original resident of village Kanihar, P.S. Mau, District Banda and he, by showing wrong address of Village Parwejabad, District Allahabad, had obtained the licence for the gun. On this application the proceedings for cancellation of the fire arm licence of the petitioner were set in motion by the Additional District Magistrate (Rural), Allahabad, who directed the Sub Divisional Magistrate, Karchhana, for making an enquiry with regard to truthfulness of the said complaint and also for issuing a show cause notice to the petitioner for showing cause as to why his licence be not cancelled. (iii) The Sub Divisional Magistrate, Karchhana, submitted ex parte report to the Additional District Magistrate without any enquiry from the petitioner and without serving any show-cause notice on the petitioner. The licence of the petitioner was cancelled on 1-1-1982 by the Additional District Magistrate without affording any opportunity of showing cause to the petitioner. On appeal, the appellate authority maintained the order.
(3.) In spite of sufficient opportunity having been given, no counter affidavit controverting the facts as stated in the petition, was filed, and as a result of which the averments made in the petition have to be accepted as correct.;