Umesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5444 of 2021 ====================================================== UMESH GUPTA Son of Late Mahendra Saw Resident of Mohalla- Hari Bagicha, Manpur, Police Station- Buniyadganj, District- gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, patna 2.

The Commissioner, Magadh Division, Gaya 3.

The District Magistrate, GAYA ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2022 The present writ petition has been filed challenging the order dated 04.01.2020, passed in Arms Appeal No. 91 of 2019, by the Divisional Commissioner, Magadh Division, Gaya, whereby and whereunder the appeal has been rejected on the ground of being barred by limitation and there being a delay of 178 days in filing the appeal. The learned counsel for the petitioner has submitted that although the petitioner had filed a petition for condonation of delay in filing the appeal, however, the same has not been considered by the Divisional Commissioner, Magadh Division, Gaya. It is submitted that for

Patna High Court CWJC No.5444 of 2021(2) dt.17-10-2022 2/2 cogent reasons, the appeal could not be filed within time, as has been explained in the petition, filed by the petitioner for condonation of delay. The learned counsel for the respondentState submits that in case, this Court directs for hearing of the appeal on merits, the same shall definitely be heard on merits.

Having regards to the facts and circumstances of the case, this Court, in the interest of justice and taking into account equitable considerations, deems it fit and proper to quash the order dated 4.1.2020, passed in Arms Appeal No. 91/2019 and remand the matter back to the Divisional Commissioner, Magadh Division, Gaya to adjudicate the aforesaid Arms Appeal Case No. 91/20219 on merits.

The writ petition stands allowed.

(Mohit Kumar Shah, J) Ajay/Saurav U