MAHENDRA PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioners are aggrieved by the order of the licensing authority, namely, the Collector, Rohtas, contained in Annexure 2, whereby licenses of the petitioners for rifle and gun respectively have been suspended.

(2.) IT appears that the petitioners preferred appeal against the said order before the Commissioner, Patna Division, Patna, which, being barred by limitation, has also been dismissed, vide order dated 5 -2 -2001. Contained in Annexure -5.

(3.) LEARNED Counsel for the petitioners has submitted that in fact, there is no delay in filing of the appeal from he date when the order of the Collector was made available to them. However, as a matter of abundant caution, the petitioner filed an application for condonation of delay of seven -eight days, which has been rejected by the Commissioner without assigning any reason. He submitted that in fact, the order of the Collector itself is bad in law as the petitioners were not given any opportunity to show -cause before passing the order of suspension.