IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12448 of 2007 SHYAM KUMAR RAI SON OF BHOLA RAI, RESIDENT OF VILLAGE BAIKATPUR, P.S. MUSHAHARI, DISTRICT MUZAFFARPUR …..PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR 4. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR 5. THE OFFICER-IN-CHARGE, MUSHAHARI POLICE STATION, DISTRICT MUZAFFARPUR ………RESPONDENTS. ----------- 2. 30.01.2009 Petitioner held arms licence. By order as contained in Memo dated 12.2.2007 (Annexure 6), the District Magistrate revoked the licence. Petitioner aggrieved by the aforesaid order preferred appeal, which was dismissed by the Commissioner by order dated 21.3.2007. The order of the Commissioner is reproduced below : “As there is a sufficient evidence to reject the application/licence of the petitioner, I find no irregularity in the impugned orders. Hence rejected.” Mr. Ram Shankar Prasad, appearing on behalf of the petitioner submits that various submissions were advanced before the Commissioner, but without answering the same by a cryptic order he has dismissed the appeal. Despite opportunity, no counter affidavit has been filed on behalf of the respondents. However, respondents are represented by S.C.XXI. The order of the Commissioner has been reproduced above, which shows total non-application of mind. Being the - 2 - appellate court it was incumbent upon him to discuss the merit of the case which he has not done. This itself vitiates his order. In the result, the application is allowed, order of the Commissioner dated 21.3.2007 (Annexure 8) is quashed and the matter is remitted back to him for reconsideration in accordance with law. (Chandramauli Kr. Prasad, ACJ.) Narendra/