ASHIQ HUSSAIN Vs. COMMISSIONER
LAWS(ALL)-2009-9-71
HIGH COURT OF ALLAHABAD
Decided on September 08,2009

Ashiq Hussain Appellant
VERSUS
COMMISSIONER Respondents

JUDGEMENT

A.P.SAHI, J. - (1.) HEARD Shri Udit Chandra holding brief of Shri Subhodh Kumar, learned counsel for the petitioner and the learned standing counsel.
(2.) THIS writ petition arises out of proceedings under the Arms Act, whereby the licensing authority has cancelled the arms license of a D.B.B.L. gun of the petitioner. The appeal filed by the petitioner has met the same fate. The ground for challenge is that there is only a single incident reported against the petitioner and in the said incident the matter was foreclosed after a compromise was entered into between the parties. Learned counsel for the petitioner contends that no ground of disturbing peace and tranquility was made out, and the question of involvement in one criminal case, against the petitioner, is a single incident of law and order, which could not have been made the basis for cancellation.
(3.) THIS petition was filed in the year 1992. Inspite of 17 years having lapsed, no counter affidavit has been filed on behalf of the State. In such a situation there is no option for this Court except to dispose of the writ petition finally at this stage. The writ petition was entertained and an interim order was passed on 23.09.1992, whereby the operation of the impugned order was directed to remain stayed for a certain period.;


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