GURDIAL SINGH Vs. DIVISIONAL COMMISSIONER, PATIALA DIVISION, PATIALA

JUDGEMENT

(1.) THE petitioner Gurdial Singh has filed the present under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of Certiorari for quashing the order dated March 30, 2001 Annexure P.5 passed by the District Magistrate, Ludhiana and order dated May 14, 2001 passed by the Divisional Commissioner, Patiala, whereby the arms licence issued to the petitioner for 315 bore rifle No. 3680 with nine cartridges of 315 bore has been ordered to be cancelled. The aforesaid orders have been appended as Annexures P.5 and P.7 respectively with the present petition

(2.) CERTAIN facts may be noticed. The petitioner states that he remained Sarpanch of village Kartarpur, Tehsil Payal, District Ludhiana for a period of 20 years. During the last elections, the post of Sarpanch of the village was reserved for a lady Sarpanch and, as such, the petitioner could not contest the aforesaid elections. Instead, Smt. Jatinder Kaur wife of Paramjit Singh who is the nephew of the petitioner contested for the aforesaid post. She was opposed by one Smt. Jaswinder Kaur. After election, the aforesaid Smt. Jaswinder Kaur was declared elected. Because of the aforesaid political rivalry, the petitioner claims, the aforesaid Smt. Jaswinder Kaur had been nursing a grudge against him.

(3.) ACCORDING to the petitioner, as a counter blast to the aforesaid complaint, the aforesaid Sarpanch Smt. Jaswinder Kaur alongwith some other Panchayat members reported against him that he was trying to encroach upon the panchayat land which was stated to be in front of his house and that on objection having been raised by the Sarpanch and the aforesaid Panchayat members, he threatened them with the said licenced gun. Under the circumstances, a complaint was made by the aforesaid Sarpanch and the Panches to cancel the arms licence of the petitioner.