Petitioner challenged cancellation of arms licence. Court held finality of previous appellate order precluded restoration but allowed fresh application.
Liberty to apply for a fresh licence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- WRIT - C No. - 14403 of 2018
Petitioner :- Vijaynath Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
The arms licence of the petitioner was cancelled by order dated 16.05.2006 against which the petitioner preferred an appeal which was dismissed for non prosecution by order dated 22.08.2006.
To restore the said appeal, an application was presented on 08.01.2014 which has been dismissed by impugned order dated 02.02.2018.
The case of the petitioner is that the grounds on which the licence had been cancelled, by subsequent developments, became non existent and therefore the Commissioner ought to have restored the appeal and heard the matter on merit.
The aforesaid plea of the petitioner cannot be accepted because the order of cancellation as well as the appellate order had attained finality. The subsequent developments may be taken as a ground for moving a fresh application for licence.
In view of the above, this petition is disposed of by giving liberty to the petitioner to apply for fresh licence.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 20.4.2018 AKShukla/-
Vijaynath Dubey
State Of U.P.
Manoj Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
