Satish Chandra, J. - (1.)This petition seeks to quash the notice dated 7 -1 -1966 and the order dated 19 -5 -1966. The petitioner was granted a licence for a rifle on or about 2 -12 -1964. The District Magistrate, Jalaun suspended this licence on 10 -9 -65. The petitioner filed an appeal which was allowed by the Commissioner on 4 -4 -1966. The Commissioner repelled the applicant's submission that he was entitled to a notice to show cause before an order of suspension of his licence could be validly passed. He distinguished the cases cited on behalf of applicant on the ground that they related to an order of revocation of a licence; but he held that the licensing authority should have given reasons and applied his own mind to the merits of the case for ordering suspension and since that was not done the order of suspension was set aside but without prejudice to District Magistrate, passing another order stating reasons for the same.
(2.)While the appeal was pending, the District Magistrate issued a notice on 7 -1 -1966 asking the petitioner to show cause why his licence should not be cancelled. The petitioner obtained extension of time for showing cause to this notice and the same was granted upto 9 -6 -1966 but before this time could expire the petitioner's appeal to the Commissioner was allowed and the order of suspension was set aside. Thereupon the petitioner applied that his licence should be restored to him. The District Magistrate consequently restored the licence to the petitioner, but he on 19 -5 -1966 passed another order suspending the petitioner's licence. This order is also impugned in this writ petition.
(3.)In the counter affidavit on behalf of the District Magistrate it is clearly asserted that after the petitioner's appeal was allowed by the Commissioner no action on the basis of the notice dated 7 -1 -1966 was taken and it was treated as having been withdrawn. The learned counsel appearing for the respondent also stated that the notice dated 7 -1 -1966 was treated as having been withdrawn. In these circumstances it is not necessary to deal with the validity of that notice or to pass any order quashing it.