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Ranjeet Singh @ Bhanwar Singh v. State Of U.P. Thru' Principal Secry, Lko. & Others - WRIT - C No. 13509 of 2004 [2005] RD-AH 4616 (21 October 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 13509 of 2004

Ranjit Singh @ Bhawan Singh      Vs.       State of U.P. and others

Hon'ble Vineet Saran, J

The petitioner was granted an arms license. On a complaint made by one Jaigum Zaffar, the arms license of the petitioner was cancelled by the District Magistrate, Meerut on 4.5.2001. Aggrieved by the said order the petitioner filed an appeal before the Commissioner, Meerut Division, Meerut. The date fixed in the said appeal was 24.5.2003 on which date the petitioner could not appear and hence the appeal was dismissed for non prosecution. The restoration application was also dismissed by the Commissioner on 20.2.2004. Aggrieved by the aforesaid orders dated 25.4.2003 and 20.2.2004 the petitioner the filed this writ petition.

I have heard learned counsel appearing on behalf of the petitioner as well as learned Standing counsel for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties this writ petition is being disposed of at the admission stage itself.

The reason for non appearance of the petitioner on 25.4.2003 is that a day before i.e. on 24.4.2003 his brother had died and thus he could not appear and attend the hearing of the appeal. Having perused the impugned orders it appears that the restoration application has wrongly been rejected by the Commissioner. Since there was a valid reason for the petitioner's non-appearance on 25.4.2003, on which date the appeal was dismissed for non-prosecution, the said order dated 25.4.2003 as well as the order dated 20.2.2004 passed by the Commissioner, Meerut Division, Meerut are both liable to be quashed and are hereby set aside.

The writ petition is, accordingly, allowed. It is directed that the Commissioner, Meerut Division shall hear and decide the appeal of the petitioner on merits, in accordance with law, expeditiously, within a period of six weeks from the date of filing of a certified copy of this order before him.




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