IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14948 of 2009 1. SRI NAGENDRA RAI S/O SRI MAHABIR RAI R/O MOHALLA- B.V. COLLEGE CAMPUS, ROAD NO.-10, QUARTER NO.-26, P.S.- SHASTRI NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE COMMISSION PATNA DIVISION, PATNA 3. THE DISTRICT MAGISTRATE CUM DISTRICT ARMS MAGISTRATE PATNA ----------- For the Petitioner: Mr. Awadhesh Kr.Mishra, Mr. C.B.Upadhyay, Mr.Anand Kr. Mishra and Mr. B.S.Mishra. For the State : Mr.Lala S.N.Rais, A.C. to G.A.8 2 19.1.2010 Petitioner is aggrieved by order dated 5.9.2009 passed in Appeal case no. 40/2001 under the Arms Act by the Commissioner, Patna Division, Patna . It appears that petitioner’s application for renewal of Arms license was refused. He filed an appeal against the same. While the said appeal was pending, his arms license was cancelled. The present appeal, which was filed in 2001 is an appeal against the order of cancellation , which was passed on the ground of pendency of criminal cases. It appears that there was some delay in filing the appeal. The appeal lays in the Commissioner Court for almost nine years. The Commission did not have adequate time to take up and decide the appeal for over nine years. Merely on the ground of delay in filing the appeal, the appeal has been dismissed after almost nine years of its having been filed. That is the travesty of justice. The Commissioner is not to dispose of appeal but to decide the appeal. I am satisfied that the matter ought to have been heard by the Divisional Commissioner, Patna rather than dispose of on - 2 - technicality dismissing the appeal. I, therefore, set aside the order of Commissioner, Patna Division, Patna, dated 5.9.2009 passed in Appeal no. 40/2001 and remand the matter to the Divisional Commissioner, Patna to hear it on merit and pass an appropriate order within three months from the date of filing a copy of this order before the said Court. With the aforesaid observations and directions, this application stands disposed of. singh (Navaniti Prasad Singh,J)