Dilip Gupta, J. - (1.) This petition seeks the quashing of the order dated 2nd March, 2009 passed by the District Magistrate, Ballia. The petitioner has also sought the quashing of the order dated 28th May, 2009 passed by the Commissioner, Azamgarh Region, Azamgarh by which the appeal that had been filed by the petitioner for setting aside the aforesaid order of the District Magistrate has been dismissed.
(2.) The petitioner was granted three licences under The Arms Act, 1959 (hereinafter referred to as the "Act'). Licence No.15 of 1999 was granted in Form XIII, Licence no.2 of 1999 was granted in form XIV while Licence no.69 of 1999 was granted in Form XII. A notice was issued to the petitioner to show cause why the aforesaid licences issued in Forms XIII and XIV may not be cancelled and why recommendations may not be made to the State Government for cancellation of the licence issued in Form XII. The petitioner submitted a reply to the show cause notice and ultimately by order dated 2nd March, 2009, the District Magistrate, Ballia cancelled the licences issued to the petitioner in Forms XIII and XIV and made recommendations to the State Government for cancelling the licence issued in Form XII.
(3.) The petitioner filed an appeal against the aforesaid order before the Commissioner. The Commissioner found that the appeal in respect of cancellation of licences issued in Forms XIII and XIV was not maintainable before him and in respect of licence issued in Form XII, the Commissioner observed that the petitioner may file objections before the State Government since the District Magistrate had only made recommendations to the State Government for cancellation of the licence.;