Court No. - 21 Case :- WRIT - C No. - 45285 of 2010 Petitioner :- Brijesh Kumar Bajpayee Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Rajeev Trivedi Respondent Counsel :- C.S.C Hon'ble V.K. Shukla,J.
Petitioner’s firearm licence was suspended on 20.06.2007 for a period
of three months and simultaneously order was passed for initiating
proceedings for cancellation of his licence. Petitioner submits that
pursuant to show cause notice, he had deposited firearm in question
on 02.07.2007 and further submits that adequate reply had also been
filed by him on 17.08.2007.
Petitioner has tried to contend that the life span of suspension order
was only for a period of three months. Said period expired long back,
but till date no final orders have been passed in the cancellation
proceeding. Petitioner submits that licensing authority has no authority
to retain the petitioner’s firearm beyond three months and orders
ought to have been passed in respect of returning of firearm.
In pith and substance, petitioner’s grievance appears to be just, as
once no final orders have been passed in cancellation proceedings,
then the firearm cannot be retained. In such a situation and in this
background, liberty is given to the petitioner to represent his claim
before the District Magistrate, Banda, who will consider the request of
the petitioner and take appropriate decision, within six weeks from the
date of receipt of a certified copy of the order, and the decision so
taken be communicated to the petitioner.
Writ petition stands disposed of accordingly.
Order Date :- 3.8.2010
SRY