IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12520 of 2005 Uma Shankar Singh son of Late Baijnath Singh, R/OPhakali, P.O.Tarni (Dehri), P.S.Kargahar(Sirhi), District-Rohtas.— Petitioner. Versus 1. The State of Bihar 2. The District Magistrate, Rohtas, Sasaram 3. The Commissioner, Patna Division, Patna— Respondents. For the petitioner : Mr. Girish Chandra Sinha For the State : JC to SC IX ----------- 2. 21.1.2009. Petitioner’s arms licence was cancelled by the District Magistrate by order dated 3.1.1998. He preferred appeal against the said order before the Divisional Commissioner, which was also dismissed. Thereafter, the petitioner filed C.W.J.C.No.4025 of 1999 before this Court and by order dated 24.7.2003, this Court set aside the order of the Divisional Commissioner and remitted the matter back for consideration. In the light of the aforesaid order, various dates were fixed and the petitioner remained absent before the Divisional Commissioner consecutively for three dates. Thereafter on 20.7.2004, the case was adjourned and while doing so, it was observed that in case petitioner does not appear on the next date, the case shall be heard ex parte. Petitioner did not appear on the 2 next date fixed in the case and accordingly, the Divisional Commissioner referred to the material on the record and dismissed the appeal. Mr. Girish Chandra Sinha, appearing for the petitioner, submits that the petitioner be given one opportunity to argue the appeal on merit. I am not inclined to do that. Petitioner was given opportunity to appear before the Divisional Commissioner for three consecutive dates, but he did not appear and even thereafter, the Divisional Commissioner gave last opportunity by order dated 20th July, 2004 but that opportunity also he did not avail. In that view of the matter, I am of the opinion that the Divisional Commissioner did not err in dismissing the appeal I do not find any merit in the application and it is dismissed in limine. ahk (C. K. Prasad,ACJ)