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2026 DAILYLAW 10199 (UTT)

SHRI BHAGWAT SINGH DASILA v. COMMISSIONER KUMAON MANDAL NAINITAL

WPMS/785/2023 · 2026-08-19

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010039862023 2026:UHC:7501 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/785/2023 Shri Bhagwat Singh Dasila --Petitioner Versus Commissioner Kumaon Mandal Nainital --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Vikas Bahuguna, Advocate for the petitioner. Mr. Ghanshyam Joshi, Additional CSC for the State. 2. Arms licence issued to the petitioner was cancelled by District Magistrate, Bageswar, based on criminal proceedings pending against him, vide order dated 31.03.2021. Petitioner challenged said cancellation order in an appeal; however, his appeal was dismissed vide order dated 26.09.2022. 3. Perusal of the impugned orders reveals that there were as many as two criminal cases pending against petitioner on the date his arms licence was cancelled. 4. Learned counsel for the petitioner submits that petitioner has now been exonerated in both the cases; however, acquittal recorded by learned Trial Court was reversed by learned Sessions Judge, Bageshwar in a criminal revision, filed by UKHC010039862023 2026:UHC:7501 State and against the judgment rendered by learned Sessions Judge, petitioner has filed criminal revision, which is pending before this Court. 5. This Court is not inclined to interfere with the impugned cancellation order, as on the date of cancellation, there was valid reason for the District Magistrate, to cancel arms licence. 6. However, having regard to the facts and circumstances of the case, especially, petitioner’s acquittal by the trial Court, writ petition is disposed of with liberty to petitioner to make fresh application for arms licence. If he makes application within three weeks, decision thereupon shall be taken by the licensing authority, as per law, within four months thereafter. 7. Cancellation of arms licence vide order dated 31.03.2021, will not come in the way of petitioner and his request shall be considered on merits. (Manoj Kumar Tiwari, J.) 19.08.2026 Mahinder/