JUDGMENT Hari Nath Tihari J. 1. Notice of this petition on behalf of oppositeparties has been accepted by the learned Chief Standing Counsel, Learned Standing Counsel agrees that as a short question of law is involved the writ petition may be finally disposed of at this stage. 2. Heard learned counsel for the petitioner and the learned Standing Counsel on behalf of opposite parties. The main grievance of the petitioner has been (sic) suspended by the District Magistrate, Barabanki and the appeal therefrom has been dismissed by the Additional Commissioner, Faizabad Division, Faizabad. 3. Learned counsel for the petitioner has contended that power of suspending the licence that has been conferred on the licensing authority is that he can suspend the licence for a limited period and that the period will be such as is thought fit by the licensing authority or instead of suspending the licence the licensing authority may revoke the licence under sub section (3) of Section 17 of the Arms Act, 1959. Learned counsel for the petitioner Shri Hasib Ullah Khan submits that suspension of licence for an indefinite period is an act in excess of the authority or power conferred on the licensing authority. I have perused the order dated 1C292 (annexure 2) passed by the District Magistrate and the appellate order dated 24392 (annexure3). From the order it appears that the licence has been suspended on the basis of the grounds mentioned in sub section (3)(b) of Section 17 of the Act but the order of suspension has been passed without mentioning the period for which the suspension order shall be operative. In this view of the matter, as this aspect has not been taken into consideration by the District Magistrate and there appears some substance in the contention of the learned counsel for the petitioner. Subsection (3) of Section 17 of the Act reads as under: The licensing authority may by order in writing suspend the licence for such period as it thinks fit or revoke a licence: (a) If the licensing authority is satisfied.................... (b) If the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence. 4. The other clauses are not material for our purposes. Taking sub section (3) into consideration along with ground no.
(b) If the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence. 4. The other clauses are not material for our purposes. Taking sub section (3) into consideration along with ground no. (b), I am of opinion that no doubt the licensing authority can suspend a licence on any of the grounds mentioned in clauses (a) to (e) of sub section (3) of Section 17 which includes the ground that if licensing authority thinks it necessary for the security of public peace or public safety to suspend the licence it can do so but the suspension order should also indicate the period for which it i.e. the licence is being suspended. In the present case, in the order the period of suspension is not mentioned. In this view of the matter, the order suspending the licence per se, without indication of period of suspension is illegal so it quashed but it is made clear that it will be open to the oppositeparties to consider the matter afresh and if necessary they may pass suitable orders, according to law.