Court No. - 38 Case :- WRIT - C No. - 37061 of 2010 Petitioner :- Bijendra Singh Patel Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Ashish Pandey,Rajeev Lochan Shukla Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
The petitioner is aggrieved by the order of suspension by which
the licence of the petitioner for arm has been suspended.
The contention of the petitioenr is that in view of Section 17(3) of
the Arms Act, the licence of the person concerned cannot be
suspended pending inquiry. According to the petitioner, no inquiry
was ever made. Once the show cause notice has been given,
therefore during pendency of the show cause notice and reply to be
considered, the licence of the petitioner cannot be suspended.
I have considered the submissions of the petitioner and perused the
record. Admittedly the notice has been given to the petitioner
dated 25.5.2010 mentioning therein that the petitioner is involved
in two criminal cases and after inquiry it has been found that prima
facie the case is against the petitioner. Therefore, during this
period why the licence of the petitioner be not suspended.
Admittedly, the petitioner has not submitted any reply to the show
cause notice and approached this Court on the ground that pending
inquiry licence of the petitioner cannot be suspended and,
therefore, the order passed by the District Magistrate is without
jurisdiction and illegal and the alternative remedy provided in the
Statute cannot come in the way of the petitioner to file an appeal if
the petitioner is aggrieved by the order dated 25.5.2010.
After considering the submissions of the parties, I am of opinion
that the questions raised by the petitioner in the present writ
petition before this Court can be raised before the authority
concerned. About one month has passed but the petitoner has not
filed any reply. Further if the petitioner is aggrieved that the order
passed by the District Magistrate is without jurisdiction and not in
consonance with the previsions of law as provided under Section
17 of the Act, he can file an appeal under Section 18 of the Act.
Without submitting a reply to the show cause notice or filing an
appeal, the petitioner has filed the present writ petition. Therefore I
am not inclined to interfere . Further it is open to the petitoner to
submit a reply raising the grievance before the competent authority
in pursuance of the show cause notice dated 25.5.2010. In case the
petitioenr submits a reply within 10 days, the District Magistrate
will consider the same according to law taking into consideration
the grievance raised by the petitioner and will pass a reasoned
order.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 28.6.2010
V.Sri/-