Court No. - 7
Case :- WRIT - C No. - 42570 of 2018 Petitioner :- Dhirendra Pratap Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kunwar Mayank Singh Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. This present writ petition is directed against the order dated 08.01.2018 passed by the Commissioner, Allahabad Division, Allahabad by which he has rejected the recall application of the petitioner seeking recall of the order dated 12.04.2016 passed by that authority by which the petitioner's appeal has been dismissed on account of non-prosecution.
3. Earlier, the petitioner filed an application for renewal of his fire arm license which was rejected on the ground of being belated. Being aggrieved, the petitioner had preferred the appeal which came to be dismissed for non-prosecution by order dated 12.04.2016.
4. With respect to non-appearance, the petitioner had stated that he could not appear in the appeal proceedings on account of non communication of the date by his lawyer.
5. In view of the above, no useful purpose would be served in keeping this petition pending any further or calling for counter affidavit.
6. Considering the nature of the orders passed by the original authority being one refusing to grant renewal of the arms license granted to the petitioner and the fact that the petitioner had offered a plausible explanation for his non-appearance, interest of justice would have been served allowing the recall application filed by the petitioner with some costs. On this ground, the present writ petition is allowed. The order dated 08.01.2018 and 12.04.2016 are set aside subject to the petitioner depositing the cost of Rs.5,000/- with the Allahabad High Court Legal Services Committee at Allahabad within a period of three weeks from today. Subject to cost being deposited, the appellate authority shall proceed to decide the appeal in merits strictly in accordance with law.
Order Date :- 20.12.2018 S.Chaurasia