Case Details

Citation(s)
1981 SLG 1504 1981 SLD 1504 1981 PLD 368
Lahore High Court
Writ Petition No. 3687 of 1979, decided on 5th March 1980. DATE of hearing : 29th January 1980
MANZOOR HUSSAIN SIAL, J
M. S. Baqir for Petitioner. Tasadique H.,Gillani, A. A.G. for
Respondent

Ch. GHULAM ALIer

VS

COMMISSIONER, LAHORE DIVISION, LAHORE --Respondent

Law:

Section:

(a) West Pakistan Arms Ordinance (XX of 1965)- 5. 12(1)(a)-Cancellation of licence-No vested right created in licence-holder by grant of licence-Licence once granted its revoca­tion, or suspension .mounts to penalty and imposition of such penalty to be strictly cons,rued and not left to subjective satisfaction of autho­rity-Revocation of licence, held, permissible only on basis of objec­tive assessment of material and not to be motivated by caprice or arbitrary will. LINK1 LINK2 Ali Haider v. Ijaz Hussain Malik 1968 P Cr. L J 127 ref. Montgomery Flour & General Mills Ltd. v. Director, Food Purchases and 2 others P L D 1957 Lah. 914 ref. (b) West Pakistan Arms Ordinance (XX of 1965)- -- S. 12(l)(a)-Non-renewal of licence within grace period-On this fact alone, District Magistrate assuming cancellation of licence to be necessary for security of public peace,-Non-renewal, held, no reason relatable to statutory purpose laid down in S. 12. (c) Constitution of Pakistan (1973)- Art. 199-Writ proceedings - Adequate remedy-Pendency of appeal, held, in no way precludes exercise of constitutional jurisdic­tion by High Court in appropriate cases where alternative remedy deemed not efficacious.-[Appeal (civil)]. JUDGMENT This petition is directed against the order dated 31-5-1979, passed by District Magistrate, Shikhupura, and confirmed in appeal by the Commis­sioner, Lahore Division, on 27-6-1979, .whereby arm licences held by the peti­tioner for a revolver and a shot-gun were cancelled. 2. The relevant facts of the case are that Superintendent, Post Offices, Gujranwala, on 22-7-1978, reported to the District Magistrate, Sheikhupura, that the petitioner's licences were renewed only upto 31-12-1973, and that he failed to get them renewed during the grace period, ending 31-3-1974. It was further reported that his licences were renewed after the grace period for the year year 1974 without sanction of the District Magistrate, Sheikhupura, at the instance of one Muhammad Yaqoob Fani, the then Sub-Post Master, Muridke, by forging Post Office record and ante-dating the renewal. He recommended for the cancellation of the licences held by the petitioner. The District…
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