Hathusinh Bhanji Jadeja vs State Of Gujarat

Ashutosh J. Shastri, J

By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

“19(A) Your Lordships may be pleased to admit and allow the present petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to quash and set aside the order in

form of communication being HVD/2021/42/M dated 01.02.2021 passed/issued by Section Officer upon the direction of learned Dy. Secretary, Home

Department, as well as order dated 24.11.2020 passed by learned District Magistrate, Kutch being Magi/Arms/Vashi/109/2020 as well as order dated

31.01.2015 passed by District Magistrate, Kutch;

(C ) Your Lordships may kindly be pleased to issue necessary direction upon the respondent authority for issuance of license of pistol in favour of the

petitioner;

(D) ……….. “

The case of the petitioner is that against the impugned order passed by the District Magistrate, Kutch dated 24.11.2020 in respect of arms licence, a

substantive appeal under Section 18 of the Arms Act was presented before the respondent â€" State authorities in the month of January, 2021.

However, according to the petitioner without granting any opportunity of hearing, straightaway an appeal came to be disposed of on the premise that

the it is delayed by 20 days, because, the usual period to present the appeal as prescribed under the Statute is 30 days and that communication dated

01.02.2020 is made the subject matter of present petition by invoking extra ordinary jurisdiction of this Court.

With a view to seek relief as stated above, Mr. Meet Katira, learned advocate appearing for the petitioner has submitted that this

order/communication in question is without granting any opportunity to the petitioner and apart from that mainly the same is not sustainable in view of

the decision delivered by the Apex Court in a Suo Motu Writ Petition (Civil) No. 3 of 2020, reflecting on page 40, wherein the Apex Court has

clarified that the period of limitation in all the proceedings irrespective of the limitation prescribed under the General Law or Special Laws whether

condonable or not shall stand extended with effect from 15.03.2020 till further orders and it has been clarified by the Apex Court that this will be

applicable to all Courts, Tribunals as well as the authorities and, therefore, by referring to such order, a request is made to set aside the impugned

order and direct the authority to hear the appeal on its own merit in accordance with law.

This being the submissions, pursuant to the advance copy, learned Assistant Government Pleader appearing on behalf of the authority has taken oral

instructions and after keeping in view the aforesaid decision delivered by the Apex Court, since the same is applicable to the respondent authority as

well, has candidly submitted that if the petitioner will make a request to the appellate authority to take up the appeal on merit, the same will be

examined and appropriate decision will be taken without insisting upon the issue of limitation as mentioned in communication dated 01.02.201 and

accordingly, has left the issue to the discretion of the Court.

Having heard the learned the learned advocates appearing for the respective parties and having considered the candid submission made by the

learned Assistant Government Pleader on instructions of the authority that since the decision delivered by the Apex Court in Suo Motu proceedings is

applicable to the respondent authority as well, the decision taken by the authority deserves to be corrected. No doubt it has been found that the appeal

proceedings have been presented on 13.01.2021, as reflecting in an order, it was not justified on the part of the authority to dispose of the same on

issue of limitation and as such a case is made out by the petitioner to set aside the impugned communication.

In view of the aforesaid circumstances as a consequence of it, this Court is inclined to dispose of the petition on the following line which would

meet the ends of justice.

6.1. The impugned communication dated 01.02.2021 reflecting on page 39 is hereby quashed and set aside and as a consequence of it, the petitioner is

permitted to approach the appellate authority within a period of ten days from today with a request to deal with the appeal on merits and in accordance

with law.

6.2. As and when, the petitioner approaches the appellate authority, the authority concerned is directed to hear and dispose of the appeal in

accordance with law on its own merits without insisting upon the issue of limitation since the impugned communication is quashed and set aside.

6.3. It is made clear that this Court has not expressed any opinion on merit with regard to the averments mentioned in the petition and with regard to

merit of appeal since independent decision is to be taken by the appellate authority. As a result of it, the appellate authority is directed to take

appropriate decision in accordance with law on the basis of the merits which are prevailing on appeal.

With the aforesaid observations and directions, the present petition stands disposed of.

Direct Service is permitted.