Bhadrayu Singh @ Sukhal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12932 of 2014 ====================================================== Bhadrayu Singh @ Sukhal Singh son of Late Keshar Singh Resident of village- Khaira, P.S. Tikari, District- Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner Magadh Range, Gaya

3. The Collector, Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shivendra Prasad, Advocate For the State : Mr. Anil Kumar Tiwary, A.C. to A.A.G.13 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner seeks quashing of the appellate order dated 05.12.2013 by which his appeal filed against the order passed by the District Magistrate-cum-licensing authority cancelling his firearm licence, has been dismissed on the ground of being time barred.

It has been stated that appeal has not been filed within time and the ground raised by the petitioner that he did not have knowledge of the order passed by the District Magistrate has been found baseless in view of the fact that the petition for condoning the delay was never filed by him.

Patna High Court CWJC No.12932 of 2014 (2) dt.01-02-2016 2 / 2 In my view, one opportunity should have been given to the petitioner for filing a petition for condoning the delay and such order should have been passed only if the petitioner could not comply the same even after such opportunity given to him as endeavor should always be to do complete justice on consideration of contentious issues in place of dismissing the case on technical ground.

Accordingly, the appellate order as contained in Annexure 1 is quashed. The petitioner is directed to appear and file a petition for condoning the delay within a period of eight weeks along with a copy of this order. In case, such petition is filed, let the same be considered by the licensing authority on its own merit and in accordance with law. Final hearing of the appeal would depend upon the nature of the order which would be passed by the appellate authority on the petition filed by the petitioner for condoning the delay.

This application stands disposed of.

(Dr. Ravi Ranjan, J) Sanjay-II/- U