- (1.) The petitioner on 27.8.2004 applied before the opposite party No. 3 on a prescribed format for grant of N.P. Bore Rifle/pistol. The opposite party No. 3 vide its order dated 7.2.2006 rejected the petitioner's application for grant of said arm licence. Being aggrieved he approached the opposite party No. 2 on 24.7.2006 in appeal under section 18 of the Arms Act, 1959. An endorsement was made by the Munsarim that the appeal was barred by limitation and also did not accompany treasury challan for Court fee prescribed. 26.7.2006 was the date fixed before the opposite party No. 2 for orders. On the said date the petitioner is said to have proceeded to get the treasury challan passed from the treasury and when he returned it was found that the judgment has been reserved fixing 3.8.2006. The opposite party No. 2 vide its judgment and order dated 3.8.2006 dismissed the appeal. An application was thereafter preferred for recall of the said order on the ground that the same was ex parte and the petitioner had not been given an opportunity of hearing. The said application was also rejected vide order dated 19.9.2006. It is against the said orders that the petitioner has approached before this Court through the instant petition.
(2.) I have heard Sri Sudeep Seth, learned Counsel for the petitioner as well as Sri Deepak Mehrotra, learned Standing Counsel. With the consent of parties, the writ petition is being disposed of at the admission stage.
(3.) Sri Seth vehemently argued that provision with regard to filing an appeal is set out under section 18 of the Arms Act. The said provision contemplates that any person aggrieved by an order of licensing authority refusing to grant a licence may within such period as prescribed, prefer an appeal to the appellate authority. Sub-section (2) lays down that no appeal shall be admitted if preferred after the period prescribed. Sub-section (5) of section 18 lays down that for disposing of an appeal the appellate authority shall follow the procedure as may be prescribed. The proviso appended thereto contemplates that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. Rule 55 of the Rules framed under the Act prescribes the limitation for filing an appeal against the order passed by the licensing authority, i.e. 30 days after the passing of the authority. Rule 56 prescribes the procedure to be followed by the appellate authority. Rule 55 as well as Rule 56 reads as follows:-- 55. Appeal against the order of licensing authority or an authority suspending or revoking a licence under section 17(6).--In any case in which an authority issues an order:-- (a) refusing to grant or renew a licence or to give an objection certificate for such grant or renewal, or (b) varying any condition of a licence or suspending or revoking a licence under sub-section (1), or sub-section (3), or sub-section (6) of section 17, the person aggrieved by such order may, within thirty days from the date of issue of the order, and subject to the proviso to sub-section (2) of section 18, prefer an appeal against that order to the concerned appellate authority. 56. Procedure to be followed by the appellate authority.--On receipt of an appeal the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard, pass final orders.;