IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.176 of 2009 VIJAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 04/03/2009 Heard the parties. The appellant preferred writ petition before this Court against cancellation of his Arms License by the District Magistrate, Nalanda by order dated 30th September, 1995. The writ Court noticed that although the appellant had preferred appeal before the Commissioner bearing Arms Appeal No.66/98 but the same was dismissed for default by order dated 28.6.1999. The writ Court noticed that the writ petitioner had preferred the writ petition as late as on 18.2.2005 and on that ground the writ Court declined to enter into the merits of the case. On behalf of the appellant it has been submitted that the dismissal of the Arms Appeal before the Commissioner was for default on the part of the appellant’s counsel and fact of such dismissal came to the knowledge of the appellant after several years and therefore, he was advised by his counsel not to apply for restoration of the Arms Appeal but to prefer - 2 - writ petition directly against the order of the District Magistrate canceling his Arms License as well as against the order of dismissal of appeal by the Commissioner on account of default in appearance of the counsel. It has been submitted that the writ petition has been dismissed only on the ground of delay in preferring the writ petition but without appreciating the fact that the Arms Appeal was dismissed for default and appellant had no knowledge about such dismissal for a number of years. In paragraph 18 of the writ petition an averment was made that the lawyer of the petitioner did not inform the petitioner about dismissal of the Arms Appeal and that caused loss of considerable time on account of which the writ petitioner did not file restoration petition before the Commissioner. Learned counsel for the appellant also advanced several arguments on merits of the case and particularly on the basis of the judgment of this Court in the case of Ayodhya Prasad Vs. State of Bihar dated 28.8.2003 (Annexure-6) that in similar circumstances cancellation of Arms License was found illegal - 3 - and the order of cancellation was quashed. Having considered all the relevant facts and circumstances and also the lapses on the part of the appellant in pursuing his appeal before the Commissioner as well as his explanation, this appeal is disposed of with a direction that the appellant may file a restoration petition before learned Commissioner, Patna Division, Patna. If such a petition is filed within two months, the appeal of the appellant shall be heard on merits and disposed of in accordance with law at an early date preferably within three months of filing of the restoration petition. This appeal is allowed to that extent. Pradeep/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)