Babu Khan vs Commissioner, Moradabad Division and Others

R.K. Agarwal, J.—By means of the present writ petition, the Petitioner seeks a writ of certiorari quashing the order dated 17.9.1990 passed by the Commissioner, Moradabad Division, Moradabad Respondent No. 1, (filed as Annexure-7 to the writ petition) and order dated 30.11.1989 passed by the A.D.M. (City), Moradabad, Respondent No. 2, (filed as Annexure-6 to the writ petition). Vide order dated 30.11.1989 the A.D.M. (City) Moradabad, had cancelled the arms licence of the Petitioner on the ground that the dispute is going on in the Court against the Petitioner in respect of the construction of mosque. The order has been confirmed in appeal by Commissioner, Moradabad Division, Moradabad, vide his order dated 17.9.1990. From the perusal of the order dated 17.9.1990 it will be seen that the proceedings for cancelling the arms licence of the Petitioner was taken on the ground that the case u/s 107/116, Code of Criminal Procedure has been registered against the Petitioner. The Petitioner had stated before the Commissioner that the proceedings in the said case have been dropped and, therefore, the very basis for cancelling the licence is not in existence. The Petitioner further submitted before the Commissioner, Moradabad, that in respect of two other persons holding arms licence against whom proceedings u/s 107/116, Code of Criminal Procedure were initiated, the orders of cancellation of their licences have been revoked, whereas in the present case of the Petitioner the order cancelling the licence has been maintained.

I have heard Sri M.A. Qadeer, learned Counsel for the Petitioner and the learned standing counsel appearing on behalf of the Respondents. The learned standing counsel has not been able to prove that any proceedings or criminal cases against the Petitioner is pending before the Court so as to justify the cancellation of his arms licence. The only ground on which the arms licence was cancelled, was proceedings u/s 107/116, Code of Criminal Procedure being pending in the Court. The said proceedings have already been terminated. Thus, there is no justification for upholding the order of cancellation of the arms licence. In view of the above discussion the orders dated 30.11.1989 (Annexure-6) and 17.9.1990 (Annexure-7) of the writ petition are quashed. The writ petition is allowed. There shall be no order as to costs.