Ajay Kumar v. State of Rajasthan) Date of order & Anr.
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of while giving
Provisions considered
- Arms Act, 1959 ss. 17(3), 18
Judgment
Operative part
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Niranjan Singh, for the petitioner. Mr.O.P. Boob, Addl. Govt. Counselor. Heard learned counsel for the parties. By way of filing the present writ petition, the petitioner is challenging the order dated 05.07.2007 (Annexure-4) 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 itself against the order of suspending licence. Learned Addl. Govt. Counselor has pointed out that according to Section 18 of the Arms Act, 1959 the order of 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 2 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. No appeal shall be admitted if it is preferred (2) 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 provided under the Arms Act, 1959 for challenging any order of suspending licence. Accordingly, the writ petition is disposed of while giving liberty to the petitioner to file an appeal before the appellate authority as provided under the Arms Act, raising his all objections within a period of one months 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. A.K. Chouhan/- (GOPAL KRISHAN VYAS), J.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of while giving
Which statutory provisions did this judgment involve?
Arms Act, 1959 — ss. 17(3), 18.
Which court decided this case, and when?
Rajasthan High Court, on 28 Jan 2008. The bench was GOPAL KRISHAN VYAS.
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.