R.A. Sharma, J. - (1.) PETITIONER , who claims to be holder of a firearm licence, has filed this writ petition challenging the order dated 29.9.1993 (Annexure -2 to the writ petition), passed by District Magistrate, Fatehpur whereby he has been called upon to show cause as to why his licence for arms be not revoked. By the same order petitioner's licence has been suspended pending enquiry. Learned counsel for the petitioner has made two submissions, viz. (i) The District Magistrate does not have the power to suspend the licence of fire arm during pendency of enquiry, and (ii) there is no finding that the interim suspension of the licence was necessary for preventing breach of public peace and public order. Learned Standing counsel has disputed these submissions. It is not possible to agree with the learned counsel for the petitioner.
(2.) THE question as to whether District Magistrate has power to pass order of suspension of licence pending enquiry under Section 17(3) of the Arms Act, has been settled by Full Bench of this Court in the case of Balram Singh v. State of U.P. and others : 1989 (15) ALR 227. In view of Full Bench decision the first submission of the learned counsel for the petitioner is rejected. Regarding the second submission it has been contended that the impugned order does not contain finding/reason so as to justify the interim suspension pending enquiry and unless reasons are recorded the interim suspension cannot be sustained. In his support the learned counsel for the petitioner has placed reliance on a Division Bench decision of this court in Raghuvir Sahai v. District Magistrate, Jhansi : 1987 (13) ALR 1 (Sum) : 1986 AWC 1974. This very judgment of Division Bench came up for consideration before the Full Bench in the case of Balram Singh (Supra). Full Bench confined the above decision of Division Bench to its own fact and further held that, that case was decided without noticing the correct legal position. The decision in the case of Raghuvir Sahai (Supra) as such has ceased to be a good law. While passing an order of suspension during pendency of proceeding under Section 17(3) of the Arms Act it is not necessary, although desirable, that the District Magistrate should record reasons before passing such an order.
(3.) THE District Magistrate has issued show -cause notice for revocation of licence and passed interim suspension order. Petitioner should show -cause and if cause is shown the District Magistrate shall pass appropriate order on the basis of material/evidence on records. This case does not call for interference by this Court under Article 226 of the Constitution of India. In view of the facts and circumstances of the case this writ petition is dismissed with the direction to the District Magistrate, Fatehpur, to decide the matter and conclude the proceedings initiated against the petitioner under sub -section (3) of Section 17 of Arms Act, within a period of three months from the date of presentation of certified copy of this order.;