IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7006 of 2009 ***** Raghubir Yadav, son of Late Prabhu Yadav, resident of village- Nakatpura, Police Station Bihar, District Nalanda. …. …. Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Patna Division, Patna. 3. The District Magistrate, Nalanda. …. …. Respondents ----------- 2. 23.6.2009. After having heard learned counsel for the petitioner and learned counsel for the State this Court is inclined to allow the writ application and quash the impugned order contained in Annexure-3 dated 19.12.2008 passed by the Divisional Commissioner, Patna in Arms Appeal No.124 of 2006 on the limited ground that the Court is of the opinion that the petitioner ought to be heard on the merits of the matter instead of his appeal being dismissed on hyper-technicality for limitation. The writ application is allowed. The impugned order dated 19.12.2008 is quashed and the matter is remitted back with a direction that the Divisional Commissioner will consider the matter after hearing the petitioner and the respondents on the merits of the case and decide the matter. This writ application is disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)