Heard Sri B.P. Singh, petitioner (in person) and Sri Rakesh Srivastava, learned Standing Counsel for the respondents.
With the consent of the parties' counsel, writ petition is heard at the admission stage.
In brief the facts of the present case are to the effect that petitioner has filed the present writ petition challenging the order dated 05.08.2010 passed by the appellate authority/Commissioner, Lucknow Division, Lucknow dismissing his appeal filed against the order dated 05.06.2010 passed by the Licencing Authority/District Magistrate, Lucknow by which application for grant of Arms licence has been rejected.
Petitioner who appears in person submits that the impugned appellate order dated 05.08.2010 has been passed at the admission stage without summoning the record of the Licencing authority. The said action on the part of the respondent no. 2 is contrary to the Rule 56 of the Arms Rules, 1962, as such the same is arbitrary in nature, liable to be set aside.
Sri Rakesh Srivastava, learned Standing Counsel on behalf of the respondents on the basis of the record received to him submits that it is not disputed that the appeal filed by the petitioner has been dismissed at the admission stage without summoning the record of the Licencing authority.
In view of the said fact, the impugned action on the part of the appellate authority thereby dismissing the petitioner's appeal filed under Section 18 of the Arms Act, 1959 against the order dated 05.06.2010 passed by the Licencing Authority/District Magistrate, Lucknow is in contravention to the mandatory provisions as provided in Rule 56 of the Arms Rules, 1962 which is quoted as under :-
"56.Procedure to be followed by the appellate authority :- On receipt of an appeal the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard, pass final orders."
For the foregoing reasons, writ petition is allowed. The order dated 05.08.2010 (Annexure no. 1) passed by the appellate authority/Commissioner, Lucknow Division, Lucknow is set aside and the matter remanded back to the respondent no. 2 to decide the same afresh in accordance with law after affording the opportunity of hearing to the petitioner expeditiously preferably within a period of eight weeks from the receiving the certified copy of this order in accordance with law.
Order Date :- 12.11.2010?Krishna/*