High Court of Punjab and HaryanaCWP/24966/2023disposed of

Harbhajan Singh v. State Of Punjab And Others

2023-11-06Mr. Justice Gurvinder Singh Gill2 pages

2023:PHHC:140797 In the High Court for the States of Punjab and Haryana At Chandigarh CWP-24966-2023 (O&M) Date of Decision:-06.11.2023 Harbhajan Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Akash Sheoran, Advocate, for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral)

1. The petitioner herein seeks issuance of a direction to the authorities concerned to renew his arms licence. It has been submitted that the petitioner initially had been issued arms licence in the year 1976 which had been renewed from time to time and lastly it was renewed w.e.f. 2.4.2018 to 1.4.2021.

2. Learned counsel for the petitioner submits that thereafter he applied for renewal of his licnece and had also deposited the requisite fee as would be evident from receipt dated 23.11.2022 (Annexure P-3).

3. Learned counsel submits that instead of renewing the licence of the petitioner, the District Magistrate issued show-cause notice dated 2.2.2023 (Annexure P-5) as to why his license be not cancelled since the Senior Superintendent of Police had recommended not to renew the license of the petitioner as on account of his advanced stage, he was stated to be unable to handle the arms. The petitioner submitted his reply dated 14.2.2023 (Annexure P-6), but till date no decision had been taken thereupon. Learned MOHAN SINGH 2023.11.07 15:04 I attest to the accuracy and authenticity of this order/judgment

CWP-24966-2023 (O&M) ( 2 ) 2023:PHHC:140797 counsel further submits that the petitioner was also got medically examined pursuant to letter dated 27.3.2023 (Annexure P-7).

4. Notice of motion.

5. At this stage Mr. Ayush Sarna, AAG, Punjab, who is present in the Court accepts notice.

6. Having regard to the fact that the proceedings arising out of the show cause (Annexure P-5) are still stated to be pending, this Court does not deem it necessary to call for response from the State particularly in view of the order intended to be passed by this Court.

7. Without commenting anything as regards the merits of the case, the instant petition is disposed of with a direction to respondent No.2-District Magistrate, District Fatehgarh Sahib to consider reply dated 14.2.2023 (Annexure P-6) filed by the petitioner to the show cause notice dated 2.2.2023 (Annexure P-5) and to pass a speaking order thereupon while duly taking into account the medical report as may be on record or as may be furnished by the petitioner expeditiously, preferably with a period of 6 weeks from today.

8. A copy of this be sent to respondent No.2-District Magistrate, District Fatehgarh Sahib, for necessary compliance.

06.11.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.11.07 15:04 I attest to the accuracy and authenticity of this order/judgment