Court No. - 21 Case :- WRIT - C No. - 450 of 2010 Petitioner :- Rajendra Respondent :- State Of U.P.& Others Petitioner Counsel :- Zafeer Ahmad Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Leasrned Standing Counsel has accepted notice on behalf of respondents. He
prays for and is granted six weeks’ time to file counter affidavit. Rejoinder
affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of the petitioner that in the present case, the
purported ground on which order of suspension has been passed pending
enquiry of cancellation of firearm licence cannot be subscribed, in view of
Full Bench decision of this Court in the case of C.P. Sahu vs. State of U.P.
and other, reported in 1984 AWC 145.
Prima facie the argument advanced appears to have some substance and the
same requires consideration by this Court. Consequently, till the next date of
listing operation of the impugned order dated 07.12.2009 shall be kept in
abeyance.
Petitioner has undertaken to submit reply before the licensing authority within
four weeks from today, and in the event of any such reply being filed, the
licensing authority shall be free to exercise his own independent discretion
and take final decision in the matter of cancelation of firearm licence, in
accordance with law.
Order Date :- 7.1.2010
SRY