On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. perusal of order passed by the learned commissioner dated 09.10.2023, it appears that the appeal was filed after delay of seven days before the learned court of commissioner with an application u/s 5 Limitation Act but at the stage of admission the appeal was dismissed by learned court of Commissioner without entertaining the application for condonation of delay, which cannot be said to be inordinate. In the order only gist of the matter has been mentioned with the submissions on the part of learned prosecutor and the number of cases registered against the petitioner. Without recording any finding to the fact in which manner the petitioner was goonda and his activity came within Section 2(b) of the aforesaid act, how his reputation is bad and he is dangerous to the public but dismissed the appeal summarily, this shows that no judicial mind has been applied while deciding the appeal. It cannot be said to be lawful and based on fact and law, therefore, it is liable to be set aside. The order passed by learned court of Commissioner dated 9.10.2023 is hereby set aside and petition is allowed. The matter is remanded back to the learned court of Commissioner to pass the order afresh after considering the facts and circumstances of the case and applying its judicial mind while recording the finding regarding his conclusion within a period of sixty days from the date of production of certified copy of this order.
