BABOO KHAN Vs. STATE OF U P THRU PRIN SECY HOME LKO
LAWS(ALL)-2019-5-82
HIGH COURT OF ALLAHABAD
Decided on May 13,2019

BABOO KHAN Appellant
VERSUS
State Of U P Thru Prin Secy Home Lko Respondents

JUDGEMENT

Sangeeta Chandra, J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) The petitioner challenges the order dated 18.07.2013 passed by the Licensing Authority, District Magistrate, Lakhimpur Kheri, cancelling the fire arm License no.2972 and the order passed in Appeal no.361 of 2012-13 on 11.03.2015 by the Appellate Authority.
(3.) Learned counsel for the petitioner submits that the order passed by the Licensing Authority, District Magistrate, Lakhimpur Kheri, was ex-parte and the Appellate Authority also rejected the case summarily. This Court has perused the order passed by the Licensing Authority, Lakhimpur Kheri, on 18.07.2018. In the said order it has been mentioned that initially the license was cancelled by the Licensing Authority, and in the appeal the matter was remanded on 11.02.2011 on the ground that the petitioner had been acquitted in the criminal cases said to have been pending against him on the basis of which his License no.2972 had been cancelled. On merits, when the case was argued a fresh, a report was called for from the local police and in the report it has come out that the petitioner had shown a wrong residential address for obtaining fire arm license. The licensee was permanent resident of village Baraichee, Police Station Pasgawan but he had, because of pendency of two criminal cases against him, not disclosed his original place of residence but had shown himself to be the original resident of Gram Baraicha. The Licensing Authority considered the arguments that gram Baraichee and Baraicha are on the border of Police Station Mohammadi and Police Station Pasgawan. The ration card of the petitioner had been issued for Gram Baraicha, Police Station Mohammadi, the driving license as well as license issued for trade in fertilizers was also issued from Gram Baraicha and Domicile Certificate was also issued from the same village falling under PS Mohammadi. The Licensing Authority, has thereafter considered the original order cancelling the fire arm license of the petitioner on 05.08.2010 where it was mentioned that the licensee had been issued the fire arm license on 17.06.2004. The petitioner while applying for the fire arm license had filed an affidavit on 23.10.2003 in which in paragraph no.3 he had mentioned that not even a single case has either been instituted or is pending against him in the entire country.;


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