Kasipeta Lingaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.20082 of 2019 ORDER:

The present writ petition is filed to declare the action of the second respondent in suspending the arms license of the petitioner, vide proceedings No.281/1737/G-1-Arms/2017, dated 18.08.2018, as illegal, without reasoning and contrary to the provisions of the Arms Act, 1959 (for short, 'the Act of 1959').

Heard Sri Vikas Joshi, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home. Admittedly, Section 18 of the Act of 1959 provides for remedy of appeal before the Government against the order passed by the primary authority.

Learned counsel for the petitioner would submit that though the impugned proceedings were issued on 18.08.2018, the same has been received by his client in January, 2019, and the petitioner is pursuing the proceedings before this Court since March, 2019. Learned counsel would therefore submit that liberty may be granted to his client to prefer an appeal before the appellate authority.

In the light of the fact that the impugned proceedings were issued by the second respondent, based on facts, revoking the licence of the petitioner, I deem it appropriate to relegate the petitioner to the alternative remedy of appeal provided under the Act of 1959. Inasmuch as the petitioner is pursuing the proceedings before this Court since March, 2019, if an appeal, along with an application for condonation of the delay under Section 5 of the Limitation Act, 1963, is filed within two weeks from today, the same shall be taken on record. Upon filing such appeal, the

appellate authority shall entertain, condone the delay and consider the same on its own merits and in accordance with law. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:29.10.2019 GJ