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1972 Supreme(All) 292

K.B.ASTHANA
Sheo Shankar – Appellant
Versus
Sub-Divisional Magistrate – Respondent


Advocates:
R.C. Srivastava, for Petitioner; Standing Counsel, for Opposite Parties.

ORDER :- In March 1970 the petitioner was granted a licence for a double barrel gun. On some information having been laid before the Sub-Divisional Officer by the Superintendent of Police to the effect that the petitioner had been bound down to keep peace for a period of one year under Sections 107/117, Cr. P. Code, the Sub-Divisional Officer passed an order on 8-5-1970 suspending the licence and directed a show cause notice to issue to the petitioner why his licence be not cancelled. The petitioner appealed to the District Magistrate who upheld the order of the Sub-Divisional Officer and dismissed the appeal. It is against these two orders, one passed by the Sub-Divisional Officer suspending the licence, and the second passed by the District Magistrate as an appellate authority that this petition under Article 226 is directed. It is prayed that the said two orders be quashed by a writ of certiorari as the orders are not in conformity with the law.

2. The first contention raised by the learned counsel for the petitioner was that the order suspending the licence passed by the Sub-Divisional Officer on 8-5-1970 was vitiated as no reasonable opportunity was afforded to the petitioner t









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