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1978 Supreme(All) 4

D. M. CHANDRASHEKHAR, J. M. L. SINHA
Sheo Prasad Misra – Appellant
Versus
District Magistrate Basti – Respondent


Advocates appeared:
R.N. Singh, Sidharth Shukla

JUDGMENT

J. M. L. Sinha, J. (for self and for D. M. Chandrashekhar, C. J.)

1. THIS writ petition has been filed by Sheo Prasad Misra, hereinafter called the petitioner, praying that the order dated 13th of May, 1974, passed by the District Magistrate, Basti, and the order dated 20th July, 1974, passed by the Commissioner, Gorakhpur Division Gorakhpur, in appeal may be quashed.

2. THE petitioner held a licence for a single barrel gun. On a report of the police, a notice was issued to him by the District Magistrate of Basti to show cause why his licence be not cancelled. The petitioner filed objections in response to the notice. The District Magistrate, however, held that, since there were several reports lodged against the petitioner and since the police reported that he was a man of bad character, it was not safe to allow the licencee to keep the weapon with him. The District Magistrate further observed that the licencee was asked to deposit the gun which he did not do and had thereby contravened the orders of the licencing authority. On these two premises the District Magistrate passed the order cancelling the licence of the petitioner. Aggrieved against the order passed by the Dis






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