Court No. - 36
Case :- WRIT - C No. - 28523 of 2018 Petitioner :- Sandeep Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present writ petition is directed against the order dated 5.7.2018 whereby the appeal under Section 18 of the Indian Arms Act, 1959 filed by the petitioner against the order of cancellation dated 9.4.2018 has been dismissed on the ground of delay.
Having perused the order impugned, this Court finds that the petitioner has explained the delay in filing appeal in the delay condonation application. The explanation offered by the petitioner has not been considered by the Commissioner while dismissing the appeal.
In view thereof, without expressing any opinion on the merits of claim of the petitioner, while setting aside the order dated 5.7.2018, the present writ petition is being disposed of with the direction to the Commissioner, Gorakhpur Division, Gorakhpur to consider the appeal on merits and take an expeditious decision, preferably within a period of two months from the date of submission of certified copy of this order by passing a reasoned and speaking order, in accordance with law.
Order Date :- 24.8.2018 Brijesh