Vineet Saran, J. - (1.) The petitioner was granted a fire arm licence in the year 1971. On 8.5.2002 the District Magistrate, Banda issued a notice to the petitioner to show cause as to why his licence should not be suspended/cancelled. The petitioner submitted his reply on 29.5.2002. Thereafter by order dated 18.10.2002 the licence of the petitioner was placed under suspension on the ground that the petitioner is an old person of about 60 years of age and that in the opinion of the District Magistrate, since he would not be able to use the weapon, it was advised in the order that the petitioner may have his licence transferred in the name of any of his relatives, and till then his licence be placed under suspension. The appeal filed by the petitioner has been dismissed by the Commissioner, Chitrakoot Dham Mandal, Banda vide order dated 2.9.2004 on the same grounds. Aggrieved by the aforesaid orders dated 18.10.2002 and 2.9.2004, the petitioner has filed this writ petition.
(2.) I have heard Sri Brajesh Singh, learned Counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents. Despite time having been granted on several occasions and nearly two years having passed, no counter affidavit has yet been filed. In such circumstances, this writ petition is being taken up for final disposal at this stage.
(3.) At the outset, it has been submitted that the licensing authority has no power to place the arms licence under suspension. In support of this reliance has been placed on the decision of this Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta v. State of U.P. and Ors.) wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh v. State of U.P. and Ors. 1988 A.W.C. 1481, Kailash Nath v. State of U.P. 1985 A.W.C. 493 as well as the Division Bench decision of this Court in the case of Sadri Ram v. District Magistrate, Azamgarh and Ors. 1998 All. C.J. 1449, it has been held that the arms licence cannot be placed under suspension.;