Mohd. Mukim Vs State of U.P. and 2 Others

Court No. - 7

Case :- WRIT - C No. - 39667 of 2018

Petitioner :- Mohd. Mukim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shamim Uddin Khan,Mohd Shahid Khan

Counsel for Respondent :- C.S.C.

Hon'ble Saumitra Dayal Singh,J.

¶6

Present writ petition arises from the order dated 29.08.2018 passed by the Commissioner, Allahabad Division by which the petitioner's application for issuance of the arms licence has been rejected on the ground of delay. The petitioner has disclosed himself to be a practising Advocate and the explanation of the delay in the appeal was about six months. It was explained on account of lack of knowledge of the order passed by the Commissioner.

Considering the nature of rights and the facts and circumstances of the case no useful purpose would be served in keeping the writ petition pending or call for any counter affidavit.

Looking to the nature of delay and the controversy on merits, the delay is condoned.

The order passed by the Commissioner, Allahabad Division is set aside. When the delay may be treated as condoned, the Commissioner may proceed to pass an order on merits in accordance with law as expeditiously as possible, preferably within a period of four months from production of the certified copy of this order.

It is further made clear that this Court had adjudicated and examined the merits of appeal that is still before the Commissioner.

Order Date :- 4.12.2018 Shahroz

Mohd. Mukim v. State of U.P. and 2 Others