CHHOTE LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition for quashing the impugned order dated 16.08.2013 passed by Commissioner, Lucknow Division, Lucknow, the opposite party no.2 and the order dated 16.11.2012 passed by the District Magistrate, the opposite party no.3 contained as Annexure Nos.1 and 2 respectively, to the writ petition. The petitioner has also prayed for a writ of mandamus commanding the opposite parties to restore back the arm license of the petitioner, which he had obtained for the personal safety of his family as well as himself.

(2.) THE brief facts giving rise to the instant writ petition are that the petitioner is an agriculturist by profession and for his personal safety as well as that of his family members he applied for an arm license in the office of opposite party no.3 and granted arm license bearing no. 9191 on which he got endorsed rifle No. AB -97/2493. Learned counsel for petitioner submitted that because of an untoward incident having been taken place on 23.03.2012, in which one Sri Govind Yadav with the support of his associates forcibly entered into the residence of the petitioner and created an unpleasant scene by destroying the articles and looting the valuables of the house hold, against which the brother of the petitioner preferred a complaint to the local police but the same was not duly attended due to the fact that the local police was in hand and gloves with Govind Yadav, then the petitioner approached the higher police authorities, on whose direction an FIR was registered against Sri Govind Yadav at Case Crime No. 152 -A of 2012 under Sections 395, 436 and 427 IPC at Police Station Mallawan, District Hardoi on 24.03.2012. It is also submitted that on coming to know about the lodging of an FIR against Sri Govind Yadav, he has also succeeded in lodging of an FIR against the petitioner at Case Crime No. 152 of 2012 under Section 147, 148, 149, 427, 504, 506 IPC at Police Station Mallawan, District Hardoi on 23.03.2012. Pursuant to the aforesaid reports a show cause notice was issued to the petitioner on 07.04.2011 calling upon him to submit his explanation as to why his license may not be suspended/cancelled, to which the petitioner submitted reply inter -alia stating therein that the first information report lodged against the petitioner is a product of the animosity so harboured by Sri Govind Yadav because of the Panchayat elections and as the later enjoyed the patronage of the local police, therefore, the petitioner was subjected to harassment. The petitioner further submitted that he never misused the rifle so endorsed upon his arms license and does not have any criminal history and moreover there was no possibility of misuse of the weapon as due to the legislative assembly elections the same had been deposited at Balal Ji Gun House on 21.01.2012 and the same was not lifted thereafter. Learned counsel for petitioner further submitted that the District Magistrate without considering the reply furnished by the petitioner proceeded on the basis of mere apprehension that the weapon may be misused and might go to endanger public peace and security, in an arbitrary manner cancelled the arm license of the petitioner vide impugned order dated 16.11.2012.

(3.) THE petitioner feeling aggrieved against the aforesaid order dated 16.11.2012 approached this High Court by filing a writ petition no. 6958(MS) of 2012, which was disposed of vide an order dated 10.12.2012 with a direction that if the petitioner files statutory appeal, the same would be decided within three weeks. In compliance of the orders passed by this High Court the petitioner filed a statutory appeal before the Commissioner, Lucknow Division, Lucknow the opposite party no.2, annexing therewith a copy of the receipt regarding deposit of his arm license on 25.01.2012, which was finally heard on 10.07.2013 and the orders were reserved and the same was pronounced on 16.08.2013, rejecting the appeal preferred by the petitioner confirming the order dated 16.11.2012 passed by the District Magistrate.