Hon’ble Dr. Devendra Kumar Arora, J.—By means of the instant writ petition, the petitioner has sought for quashing of the impugned order dated 7.1.2010 passed by the appellate authority/Commissioner and the order dated 29.6.2009 passed by opposite party No. 2/District Magistrate, Raibareli, by which fire arm license of the petitioner has been cancelled.

2. Submission of learned counsel for petitioner is that petitioner is a law abiding person of District Raebareli, where he is engaged in business and is also a Center Incharge of Dariyapur Sugar Mill. In the village the family of petitioner and Sri Shiv Narain Singh, due to political rivalry, is on inimical terms. It is said that in the by-election of the year 2000, the family members of Sri Shiv Narain Singh with the help of anti-social elements grievously assaulted the brother of the petitioner, namely, Sri Dal Bahadur Singh for which an FIR at Case Crime No. 88 of 2000 was registered against the accused persons. In the year 2005, during election when the wife of the petitioner was contesting, the family members of Sri Shiv Narain Singh with the help of anti-social elements badly assaulted the petitioner on 16.10.2005, FIR of which was registered at Case crime No. 64 of 2005. It is said that on the very same day i.e. 16.10.2005 another FIR has again been registered at Case Crime No. 66 of 2005 against Sri Vinod Singh and other persons, who were the family members of Sri Shiv Narain Singh in respect to Marpeat took place in the night of 16.10.2005 with the family members of the petitioner. Learned counsel for petitioner also submitted that as a counter blast, a false FIR was lodged at Case Crime No. 6431 of 2005 against the petitioner by the wife of Sri Shiv Narain Singh. In the meantime also another false FIR has been lodged against the petitioner on account of murder of the son of Sri Shiv Narain Singh.

3. Learned counsel for petitioner further submits that Superintendent of police Raebareli-opposite party No. 3, wrote a letter dated 30.10.2007 to the Station Incharge, Police Station Jagatpur, District Raebareli-opposite party No. 4 seeking information in respect of the matter relating to cancellation of arm licenses of the petitioner on the basis of some parameters given therein as per Section 17 of the Arms Act and in reply thereto the opposite party No. 4 on 10.12.2007 submitted incorrect report in contravention to the provisions of Section 17(3)(b) of the Arms Act, 1959 and recommended for cancellation of license of the petitioner under the influence and pressure exerted by the rival group.

4. According to petitioner’s counsel the petitioner challenged the order dated 29.6.2009 by filing an appeal (Appeal No. 603 of 2009-10 Vishwanath Singh v. District Magistrate Raebareli) before the appellate authority i.e. the Commissioner, Lucknow Division, Lucknow-opposite party No. 1, but the same was rejected vide order dated 7.1.2010 without appreciating the material documents available on record in an erroneous and unjustified manner.

5. It has been vehemently contended by the learned counsel for petitioner that under Section 17(3)(b) of the Act, power has been conferred upon the licensing authority to suspend or revoke a license of fire-arm, if he deems necessary to do so for the security of public peace, but in the present case the opposite party No. 2 while passing the impugned order dated 29.6.2009 failed to show at least, prima-facie, that as to how the possession of the arms by the petitioner would endanger the public peace. Thus, it is clear that the same has been passed only on the basis of recommendations submitted by the opposite party No. 3, who was influenced with political motivation of Sri Shiv Narain Singh.

6. Sri Badrul Hasan, learned Additional Chief Standing counsel, while opposing the writ petition, submitted that the impugned orders dated 29.6.2009 and 7.1.2010 have been passed in consonance with provisions of the Act as the licensing authority after