HATHUSINH BHANJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under 'Article 226 ' of the Constitution of India, the petitioner has prayed for the following reliefs :-

(2.) The case of the petitioner is that against the impugned order passed by the District Magistrate, Kutch dated 24.11.2020 in respect of arms licence, a substantive appeal under 'Section 18' of the Arms Act was presented before the respondent - State authorities in the month of January, 2021. However, according to the petitioner without granting any opportunity of hearing, straightaway an appeal came to be disposed of on the premise that the it is delayed by 20 days, because, the usual period to present the appeal as prescribed under the Statute is 30 days and that communication dated 01.02.2020 is made the subject matter of present petition by invoking extra ordinary jurisdiction of this Court.

(3.) With a view to seek relief as stated above, Mr. Meet Katira, learned advocate appearing for the petitioner has submitted that this order/communication in question is without granting any opportunity to the petitioner and apart from that mainly the same is not sustainable in view of the decision delivered by the Apex Court in a Suo Motu Writ Petition (Civil) No. 3 of 2020, reflecting on page 40, wherein the Apex Court has clarified that the period of limitation in all the proceedings irrespective of the limitation prescribed under the General Law or Special Laws whether condonable or not shall stand extended with effect from 15.03.2020 till further orders and it has been clarified by the Apex Court that this will be applicable to all Courts, Tribunals as well as the authorities and, therefore, by referring to such order, a request is made to set aside the impugned order and direct the authority to hear the appeal on its own merit in accordance with law.