Court No. - 21 Case :- WRIT - C No. - 42059 of 2010 Petitioner :- Rajjan Tiwari Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Rajiv Dwivedi Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
In the present case show cause notice was issued to
petitioner and thereafter order of cancellation has been
passed. Aggrieved against the same, petitioner preferred
appeal accompanied with Stay application. Appellate Forum
in its wisdom has found no good ground to accord interim
order in favour of petitioner giving therein reason that
against the petitioner Case Crime No. 31 of 2007 under
Section 30 of Indian Arms Act is pending wherein allegations
which are coming forward against the petitioner is that
petitioner has misused his fire arm and said fire arm in
question was seized from one Rajkumar.
Once this is factual scenario then it cannot be said that
authority vested to Appellate Authority in question has been
exercised arbitrarily, in such situation and in this background
this Court refuses to interfere with the said order passed by
Appellate Authority. However, it is hereby directed that in
case there is no legal impediment and all possible
cooperation is extended from the side of appellant and his
counsel for expeditious disposal of the case, then attempt
and endeavour shall be made by the Appellate Authority to
decide the appeal on the next date fixed and in case it is not
feasible to be decide the same on the next date fixed then all
attempt and endeabour shall be made to decide the same in
accordance with law within next four months.
With the above direction present writ petition is disposed
of.
Order Date :- 21.7.2010
Dhruv