ARUN TANDON,J. - (1.) Petitioner was granted licence for sale of firearm and ammunitions in Form-11, namely Rifle, Revolver, Pistol etc. by the State Government. Such licence of the petitioner was cancelled under an order dated 30.12.2010.
(2.) NOT being satisfied with the order so passed, which according to the petitioner was ex parte, he filed a recall/review application. This review application was not being considered, he approached this Court by means of Writ Petition No. 34463 of 2011 with a prayer that the Secretary (Home) may be directed to decide his application dated 01.05.2011 with reference to the cancellation of his licence granted in Form-11. The writ petition was dismissed by the Hon'ble Single Judge vide order dated 08.09.2011 and it has been recorded that the counsel for the petitioner hopelessly failed to establish as to whether the authority had any competence to entertain the application after final order having been passed. The writ petition was, therefore, dismissed. The petitioner by means of this second petition now seeks quashing of the order which was passed on 30.12.2010, whereby his licence in Form-11 was cancelled.
(3.) IN the opinion of the Court this second writ petition is barred by principle enshrined under Order 2 Rule 2 C.P.C. which provides that if a relief was available to the petitioner at the time of filing of his earlier proceedings and if such relief is not prayed for, it is to be deemed that the relief has been waived.;