LALBIHARI SHUBHKARAN PANDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the Order dated 29.01.2010 passed in Appeal No. 356 of 2009 by the Joint Secretary, Home Department, Sachivalay, Gandhinagar and to remand the Appeal for fresh hearing with direction to condone the delay and hear the Appeal on merit. Alternatively, the petitioner has prayed for quashing and setting aside the Order dated 06.05.2008, passed by the respondent No.2 i.e. District Magistrate, Bharuch, with direction to revive the Licence of the petitioner and reconsider the Application for renewal of Arm Licence No.109/96/A of the petitioner after considering the order of discharge passed by the Court of learned Additional Sessions Judge, Shahda, in Criminal Revision Application No. 6 of 2009 and No. 12 of 2009. The petitioner has also made one more alternative prayer for quashing and setting aside the order dated 06.05.2008 passed by the respondent No.2 with direction to consider the Application for renewal of Arm Licence No.109/96/A of the petitioner as fresh application for issuance of Licence and proceed as required under Section 13 of the Arms Act, 1959 read with Rule 54(4) of the Arms Rules, 1962 .

(2.) Heard Mr. Ankur Y. Oza, learned Advocate appearing for the petitioner and Ms. Manisha Narsinghani, learned AGP, who appeared on an advance copy served on the Government Pleader Office.

(3.) It is the case of the petitioner that the petitioner was holding a Licence to possess 32 Bore Revolver under the Arms Act, 1959 under License No.109/96/A since 1996. The Licence of the petitioner was renewed by the respondent No.2 authority from time to time and validity of last renewal was to expire on 31.10.2006. The petitioner had failed to submit the application for renewal of Licence on or before 31.10.2006. On coming this lapse to notice, the petitioner filed a belated application on 17.11.2007 before the respondent No.2 authority requesting to renew the Licence after condoning the delay in submission of renewal application.