Neutral Citation No. - 2025:AHC:66904 Court No. - 33 Case :- WRIT - C No. - 54513 of 2016 Petitioner :- Ramesh Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Rejoinder affidavit filed today in the Court, is taken on record. 2. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the impugned order dated 17.08.2016 passed in Appeal No. 95 of 2008 (Ramesh Pal Vs. State of U.P.) U/s 18 Indian Arms Act, 1959 and also order dated 31.03.2008 in Misc. Case No. 106/165 (State Vs. Ramesh Pal), P.S. Mariyahun, District Jaunpur u/s 17(3) Arms Act. 3. The Arm License of the petitioner is cancelled by order dated 31.03.2008. Aggrieved against the aforesaid Appeal No. 95 of 2008, under section 18 of Indian Arms Act, 1959 (Ramesh Pal Vs. State of U.P.) filed before the Commissioner, Varanasi on 12.05.2008, the same was also rejected vide order dated 17.08.2026, hence the present petition. 4. It is argued that ground for the cancellation of fire arm license of the petitioner is that there is a dispute between the parties over the matter of fence, in relation to which NCR No. 55/07 and 56/07 has been filed by both the parties and proceedings under section 151 Cr.P.C. were also initiated against the petitioner. 5. It is stated in paragraph 3 of the rejoinder affidavit that after investigation, a judgment was delivered in the aforesaid case on 24.07.2017 in which the petitioner was acquitted. It is further argued that as on date there is no material against the petitioner. 6. In this view of the matter, it is argued that the order dated 17.08.2016 passed in Appeal No. 95 of 2008 (Ramesh Pal Vs. State of U.P.) U/s 18 Indian Arms Act, 1959 and also the order dated 31.03.2008 in Misc. Case No. 106/165 (State Vs. Ramesh Pal), P.S. Mariyahun, District Jaunpur u/s 17(3) Arms Act are liable to be set aside. 7. Heard counsel for the parties and perused the record. 8. From perusal of the record, it is clear that the arm license of the petitioner was cancelled only on the ground that the criminal case is pending against him and in the said case the petitioner has already been acquitted, in this view of the matter, the Court is of the opinion that the order dated 17.08.2016 passed in Appeal No. 95 of 2008 (Ramesh Pal Vs. State of U.P.) U/s 18 Indian Arms Act, 1959 and also order dated 31.03.2008 in Misc. Case No. 106/165 (State Vs. Ramesh Pal), P.S. Mariyahun, District Jaunpur u/s 17(3) Arms Act are liable to be set aside and is hereby set aside. The District Magistrate, Jaunpur is directed to pass a fresh order strictly in accordance with law within a period of two months from the date of presentation of certified copy of this order. 9. With the aforesaid observations, the writ petition is allowed. No order as to costs. Order Date :- 29.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad