AJAY SINGLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of CERTIORARI for quashing the order dtd. 25/8/2023 (Annexure P-4), vide which the request of the petitioner for renewal of his arms licence has been declined and the order dtd. 5/6/2024 (Annexure P-6), whereby the appeal filed by the petitioner has also been dismissed with a further prayer to direct the respondents to consider the request of the petitioner for renewal of his arms licence.

(2.) Learned counsel for the petitioner submitted that the petitioner filed an application for renewal of his arms licence before the licensing authority after expiry of the said licence and the same was dismissed by the licensing authority. He further submitted that thereafter, the petitioner filed an appeal before the appellate authority, wherein he specifically mentioned the grounds as to why he could not deposit the arms after the expiry of the licence but the same have not been considered by the appellate authority while deciding the appeal. He further submitted that when the petitioner filed the appeal, the appellate authority was duty bound to consider the grounds and the reasons mentioned therein and thereafter, to form an opinion in accordance with law but the appellate authority has not even discussed the aforesaid grounds and has simply stated that the petitioner has violated the Arms Rules. He also submitted that it is the prerogative of the appellate authority to consider the grounds taken in accordance with law but the appellate authority was bound to record the reasons for the same, which have not been recorded and therefore, the appellate order (Annexure P-6) may be set aside.

(3.) At this stage, Mr. Udit Garg, Addl. A.G., Haryana could not controvert the aforesaid submissions made by the learned counsel for the petitioner that the appellate order (Annexure P-6) has been passed without assigning any reasons pertaining to the grounds taken in the appeal.