BHUPENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The writ petition is directed against the order dated 22.11.2007 passed by the respondent No.2 suspending the petitioners' firearm licence in purported exercise of power under Section 17(3) of Arms Act, 1959 (hereinafter referred to as "Act 1959"). The grievance of the petitioners is that he submitted his reply as long back as on 18.12.2007 but no final order has been passed by District Magistrate so far. He also drew my attention to the fact that raising his grievance against arbitrary and illegal action on the part of District Magistrate, Farrukhabad petitioners approached this Court in Writ Petition No.35112 of 2008 which was disposed of on 22.7.2008 with the following direction:

(2.) It is said that despite the said order more that three years have now passed but no final order has been passed by the District Magistrate so far. The respondents have filed counter affidavit wherein nothing has been said about final order of District Magistrate, The case of respondents is that petitioners had obtained firearm licence by giving wrong information about original residence and for this reason firearm licence was suspended. However, entire counter affidavit is conspicuously silent on the fact whether any final order has been passed by District Magistrate so far or not.

(3.) This sheer inaction on the part of District Magistrate failing to discharge its statutory obligation can be examined from two angles. Firstly; this Court has held in catena of decisions that there is no power of suspension of firearm licence under Section 17(3) of Act 1959. In a decision dated 9.9.2005 of this Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta Vs. State of U.P. and others), after considering the Full Bench decision of this Court in the cases of Balaram Singh Vs. State of U.P. and others,1988 AWC 1481, Kailash Nath Vs. State of U.P., 1985 AWC 493 as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate, Azamgarh and others, 1998 ACJ 1449, it has been held that the licensing authority has no power to suspend the arms licence.