Judicature For Rajasthan High Court · 2008
Case at a glance
Provisions considered
- Constitution of India art. 226
- Arms Act, 1959 ss. 17(3), 18
Judgment
HON'BLE MR. JUSTICE H.R.PANWAR Mr. Niranjan Singh, for the petitioner. Mr. O.P.Boob, Addl. Govt. Counsel. Heard learned counsel for the parties. By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order Annex.6 dated 13.7.2007 whereby the licensing authority suspended the licence of the petitioner while exercising powers under Section 17 (3) of the Arms Act, 1959. The State Government has raised a preliminary objection that there is a remedy available under the Arms Act 2 itself against the order suspending licence. Learned Additional Government Counsel has pointed out that according to Section 18 of the Arms Act, the order suspending the licence is appealable. Section 18 of the Arms Act, 1959 reads as under:- “18. Appeals:- (1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed: Provided that no appeal shall lie against any order made by, or under the direction of the Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor. Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.” In this view of the matter, it is obvious that there is a statutory remedy of an appeal provided under the Arms Act, 1959 for challenging any order suspending the licence. Accordingly, the writ petition is disposed with liberty to the petitioner to file an appeal before the appellate authority as provided under the Arms Act, raising his all objections within 3 a period of one month from today. The appellate authority after hearing the petitioner and considering all the grounds taken by the petitioner in the appeal shall decide the same on merit within a period of one month thereafter.
No costs. (H.R.PANWAR), J. 4 S.B.Civil Misc. Stay Petition No. 3136/2007 IN S.B.Civil Writ Petition No. 4758/2007 ......... Date of Order : 27/05/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Niranjan Singh, for the petitioner. Mr. O.P.Boob, Addl. Govt. Counsel. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Arms Act, 1959 — ss. 17(3), 18.
Which court decided this case, and when?
Rajasthan High Court, on 27 May 2008. The bench was H R PANWAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.