A.P.SAHI,J. - (1.) HEARD Sri S.K. Dwivedi learned counsel for the petitioner and the learned standing counsel for the respondents. Two counter affidavits have been filed one each on behalf of the respondent nos. 3 and 4 respectively.
(2.) THE firearms licence of the petitioner has been cancelled by the impugned order of the District Magistrate dated 8.5.02 on the ground that the petitioner is involved in a criminal case being case crime No. 31 of 1997 under sections 147,323,336,504,506 I.P.C. read with Section 198 U.P.Z.A. and L.R. Act. The dispute appears to have arisen on account of the possession of a certain piece of land which was allegedly given on lease to one Husaini. It is alleged that the petitioner along with his other family members forcibly dispossessed the said lease holder and also committed offence as per the allegations contained in the F.I.R. The said criminal case is stated to be pending.
(3.) THE cancellation proceedings began with the issuance of a notice and an order of cancellation was passed which was set aside in appeal and the matter was remanded back to the District Magistrate. Upon remand, the District Magistrate by means of the impugned order dated 8.5.2002 has arrived at a conclusion that the petitioner did not conduct himself in a way that entitles him to have an arm licence on account of the incident which has led to the prosecution of the petitioner in a criminal case. The petitioner preferred an appeal against the said order of cancellation and was granted an interim order during the pendency of the appeal. The appeal was ultimately dismissed by means of the impugned order dated 29.9.2005 and the learned Commissioner has recorded a finding that the possession of the firearms by the petitioner should not be permitted keeping in view that the petitioner has violated public peace and tranquillity .;