VISHRAM YADAV Vs. COMMISSIONER DEVI PATAN MANDAL GONDA & ANOTHER
LAWS(ALL)-2016-8-177
HIGH COURT OF ALLAHABAD
Decided on August 12,2016

Vishram Yadav Appellant
VERSUS
Commissioner Devi Patan Mandal Gonda And Another Respondents

JUDGEMENT

- (1.) Heard Sri Nitin Srivastava, learned Counsel for the petitioner and the learned Standing Counsel.
(2.) Feeling aggrieved by the cancellation of his firearm licence by the District Magistrate vide order dated 18.2.2015 and rejection of his appeal by the Commissioner, Devi Patan Mandal, Gonda, vide order dated 18.2.2015 preferred against the order of cancellation, the petitioner has filed the instant writ petition.
(3.) Submission of learned Counsel for the petitioner is that the petitioner was issued a firearm license of S.B.B.L. Gun No.10075/93, License No.185. An FIR was lodged against the petitioner under Sections 323, 504, 506 IPC and Section 3(1)10 of SC/ST Act at Police Station Khargupur, District Gonda. Thereafter, the firearm license of the petitioner was cancelled by the District Magistrate vide order dated 28.05.2009. Against the order dated 28.05.2009, the petitioner preferred an Appeal before the learned Commissioner, who after setting aside the order dated 28.05.2009 remanded the matter to the District Magistrate for consideration afresh, and also directed to pass appropriate order after providing adequate opportunity to the petitioner. Thereafter, vide impugned order dated 24.04.2013, the District Magistrate, Gonda reiterated his earlier order of rejection without considering and dealing with the pleas as raised by the petitioner. Therefore, the impugned order of cancellation of firearm licence is wholly erroneous and against the provisions of Arms Act.;


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