Ranvir Singh vs District Magistrate Shrawasti & Anr.

Heard the learned Counsel for the appellant and the learned Standing Counsel and perused the order dated 662001 passed by the District Magistrate, Shrawasti whereby the arms licence of the appellant has been suspended pending inquiry into its cancellation as also the impugned judgment of the learned Single Judge dated 1462001 whereby the writ petition wherein the impugned suspension order was challenged has been disposed of.

In a case of Sadri Ram v. District Magistrate/Licensing Authority, District Azamgarh and others, 1998 (16) LCD1064 it has been held after taking into consideration the earlier Full Bench decisions of this Court that the Licensing Authority has no power to suspend the armslicence pending inquiry into its cancellation/suspension not has its the power to suspend the licence for an indefinite period. In the instant case the armslicence of the appellant has been suspended pending inquiry into its cancellation. In these circumstances, we are of the view that impugned order of suspension was liable to be quashed and the learned Single Judge fell into error in not passing an order to that effect.

We, therefore, allow the appeal and set aside the judgment and order dated 1462001 passed by the learned Single Judge and also that part of the order passed by the District Magistrate/Licensing Authority, Shrawasti whereby, the arms licence of the appellant has been suspended. It is made clear that this will not prejudice the on going inquiry into cancellation of the appellant''s arms licence.