THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5831 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. In this writ petition, petitioner has questioned the validity of the orders of the Government passed in G.O.Rt.No.1464, dated 26.08.2009. The petitioner was granted arms license under the provisions of the Arms Act. The arms license granted to him was cancelled by the second respondent – Commissioner of Police, Hyderabad City, vide his order bearing No.HW-3/Arms/911/Panjagutta, dated 16.07.2008, on the ground that he involved in Crime No.8 of 2004, which was registered for the offences under Sections 307, 326 IPC and Section 27 of the Arms Act, on the file of Kankipadu Police Station, Vijayawada City. As against the said cancellation order, the petitioner preferred appeal before the Government under Section 18 of the Arms Act. Such appeal filed by the petitioner was rejected by the appellate authority vide G.O.Rt.No.1464, dated 26.08.2009, solely on the ground that in spite of notice to the petitioner for hearing, he did not appear. A perusal of the impugned order indicates that the appellate authority did not deal with the matter at all. Assuming that the petitioner has not appeared in spite of service of notice, even then, a duty is cast upon the appellate authority to go into the merits of the matter and decide the same on its own merits by examining validity of the cancellation order. Merely on the ground that the petitioner has not responded to the notice for appearance, the appellate authority should not have dismissed the appeal without going into the merits of the case. In that view of the matter, as much as the appellate authority did not go into the merits while considering the appeal, which is a substantive remedy provided under the Arms Act, I deem it appropriate to set aside G.O.Rt.No.1464, dated 26.08.2009, and remand the matter to the appellate authority to consider afresh and decide the same. The appellate authority to give notice of hearing to the petitioner by fixing a date of hearing, hear him and pass appropriate orders as expeditiously as possible, preferably, within a period of three (3) months from today. Accordingly, the orders of the Government passed in G.O.Rt.No.1464, dated 26.08.2009, are set aside and the writ petition is allowed to the extent indicated above. No order as to costs. _______________________ R.SUBHASH REDDY, J 15th MARCH, 2011. kvni