VINEET SARAN,J. - (1.) HEARD Sri Gopal Chaturvedi, learned Senior Counsel along with Sri L.K. Dwivedi, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents and have perused the record.
(2.) ON the last date, learned Standing Counsel was granted time to obtain instructions or file counter affidavit. He states that he has obtained instructions in writing, copy of which has been passed on for perusal of the Court, and on his request, the same are taken on record. With consent of learned counsel for the parties, this writ petition is being disposed of finally at this stage. The brief facts of this case are that the petitioner, who is a student studying at present in America, was, while he was residing in India, granted three fire arms licences sometime in the year 2005. The said licences were renewed and valid upto the year 2011. Earlier notices were issued to the petitioner in the year 2007 for cancelling the licences on the ground that he had not given his correct address in the application form at the time of applying for grant of licences. According to the learned Standing Counsel, no action was taken against the petitioner on the basis of said notices issued in the year 2007. After the issuance of the notices in the year 2007, the DBBL/SBBL licence of the petitioner (which is the licence relevant in this petition) was renewed by the District Magistrate on 5.7.2008.
(3.) THEREAFTER , on 1.9.2008 three identical notices had again been issued to the petitioner to show cause as to why the said licences be not cancelled on the ground that he is a resident of Khaptiha, Handia District Allahabad whereas in his application for grant of fire arms licence, he had mentioned his address of District Sant Ravidas Nagar (Bhadohi). The petitioner, who is at present studying in America, submitted his three separate replies through his father on 11.9.2008 stating that the father of the petitioner is an M.L.A. of the constituency of Gyanpur, Sant Ravidas Nagar (Bhadohi) and his mother is Chairman of the Zila Panchayat of Sant Ravi Das Nagar (Bhadohi) and that he is residing with them in District Sant Ravidas Nagar (Bhadohi). All the three separate replies to the identical show cause notices were the same, the District Magistrate accepted the explanation given by the petitioner in two cases (that is, for the licence of Revolver and Rifle) and by order dated 16.3.2009 passed in the aforesaid two cases, proceedings for cancellation of licence of Revolver and Rifle had been dropped.;