Ajij Chandsab Sayyed v. The State Of Maharashtra And Others
{1} wp3124.19.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 3124 OF 2019 Ajij s/o Chandsab Sayyed Petitioner
Versus
The State of Maharashtra & others Respondents Mr. B.B. Dahiphale, advocate for petitioner.
Mrs. V.S. Choudhary, AGP for all respondents. CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.
DATE : 20th March, 2019.
P.C. :
Heard Mr. Dahiphale, learned counsel for the petitioner. 2.
As limited grievance is raised in the petition and learned counsel for petitioner was fair enough to submit before us that mere direction to the authority would suffice the purpose approaching this Court. As such, by consent, the petition is taken up for disposal at admission stage.
3.
Issue notice to respondents returnable forthwith. Learned AGP waives service of notice on behalf of all respondents. 4.
Petitioner, being aggrieved by the order passed by the Additional District Magistrate, Latur on 25.01.2016, thereby rejecting the application for renewal of his fire arm, approached the Divisional Commissioner, Aurangabad, by preferring appeal under
{2} wp3124.19.odt section 18 of the Arms Act, 1959.
5.
Petitioner preferred appeal before the the office of the Divisional Commissioner, Aurangabad Division, Aurangabad, on 28.07.2016. Copy of appeal placed on record bears the seal and endorsement dated 28.07.2016.
6.
Learned counsel for the petitioner submits that as the appeal is pending before the authority till date of filing of the petition, petitioner is left with no choice but to approach this Court by filing present writ petition.
7.
In view of this fact, petition is disposed of with directions to respondent no. 2 - Divisional Commissioner, Aurangabad Division, Aurangabad, to decide Appeal no. 36/2016, if not decided till date, needless to state on merits of the appeal, as expeditiously as possible and not later than twelve weeks from the date of receipt of order of this Court.
NITIN W. SAMBRE PRASANNA B. VARALE JUDGE JUDGE dyb