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2001 Supreme(All) 594

S.R.SINGH, BHAGWAN DIN
RANVIR SINGH – Appellant
Versus
DISTRICT MAGISTRATE SHRAWASTI – Respondent


Heard the learned Counsel for the appellant and the learned Standing Counsel and perused the order dated 6-6-2001 passed by the District Magistrate, Shrawasti whereby the arms licence of the appellant has been suspended pending inquiry into its cancel lation as also the impugned judgment of the learned Single Judge dated 14-6-2001 whereby the writ petition wherein the im pugned suspension order was challenged has been disposed of.

2. In a case of Sadri Ram v. District Magistrate/licensing Authority, District Azamgarh and others, 1998 (16) LCD-1064 it has been held after taking into con sideration the earlier Full Bench decisions of this Court that the Licensing Authority has no power to suspend the arms-licence pending inquiry into its cancella tion/suspension not has its the power to suspend the licence for an indefinite period. In the instant case the arms-licence of the appellant has been suspended pending inquiry into its cancel lation. 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.

3. We, therefore, allow the appeal and set aside the judgm




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