IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14204 of 2009 1. SATYANARAYAN THAKUR S/O LATE RAM BARAN THAKUR, R/O CHAKKI NAURANGA, P.S- SAHPUR, ARAH, DISTT- BHOJPUR 2. PARAS NATH THAKUR S/O SRI HARI SHANKAR THAKUR R/O CHAKKI NAURANGA, P.S- SAHPUR, ARAH, DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER PATNA DIVISION, PATNA 2. THE DISTRICT MAGISTRATE, ARAH, DISTT- BHOJPUR 3. THE SUPERINTENDENT OF POLICE BHOJPUR, ARAH 4. THE OFFICER-IN-CHARGE, POLICE STATION-SAHPUR, BHOJPUR, ARAH ----------- 2 11.11.2009 The two petitioners had individual licences for holding arms under the Arms Act. The petitioners were named in a criminal case with omnibus allegation of having used firearm. Primarily because of this, the District Magistrate –cum- Collector, Bhojpur at Ara cancelled the arms licence of the petitioners. Petitioners preferred appeal before the Divisional Commissioner, Patna which has been dismissed for non-prosecution. Petitioners submit that because of certain communication gap between the petitioners and their lawyer, this has happened the second time before the Divisional Commissioner inasmuch as they do not reside at Patna. Be that as it may, it is always advisable to dispose of a proceeding on merit once and for all rather than on technicalities without a proper hearing and without an order on merit. In that view of the matter, I set aside the order dated 16.12.2008 passed in Appeal No 63 and 64 of 1999 as before the Divisional Commissioner, Patna and restore the appeal to be heard on merits and disposed of on merits. The Commissioner would fix 2 a date on copy of this order being produced before him in Court. On the date so fixed, the matter would be finally heard and disposed of. If on that day, for any reason, the appeal is not taken up on merit, the Commissioner being present, the Commissioner would be at liberty to pass ex parte orders disposing of the appeal. With these observations, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh)