URMILA SINGH Vs. COMMISSIONER CHITRAKOOT DHAM BANDA

JUDGEMENT

(1.) HEARD Sri R.S. Chauhan, learned counsel for the petitioner and learned standing counsel for the State respondents and with consent of learned counsel for the parties this writ petition is being decided finally today itself.

(2.) BY means of this writ petition, the petitioner has assailed the order dated 23.05.2013 passed by the District Magistrate, Banda whereby grant of firearm license has been refused to the petitioner on the ground as mentioned in Section 14(1)(b)(1)(3) of the Arms Act as also against the appellate order dated 25.09.2013 passed by the Commissioner, Chitrakoot Dham, Banda, whereby the appeal of the petitioner has been dismissed on the ground of delay.

(3.) LEARNED counsel for the petitioner has submitted that the appellate court has rejected his appeal on the ground that day to day delay has not been explained. Learned counsel states that the order of the District Magistrate was passed on 23.05.2012 which was received by the petitioner on 08.07.2012 and the appeal was filed on 24.04.2013. According to learned counsel for the petitioner, the petitioner had explained the reason for delay being that she was busy with the work of Gram Panchayat and hence could not file the appeal within time stipulated. Learned counsel states that while considering the application for condoning the delay the courts are to adopt a liberal approach and insisting on day to day explanation for condonation of delay would not meet the ends of justice since the petitioner was entitled to a decision in his appeal on merits and not on technical grounds rejecting it for delay.