LPA No. 1158 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No. 1158 of 2009 (O&M) Date of Decision: 19.04.2010 Prem Kishan Sharma ....Appellant. Versus Commissioner, Patiala Division, Patiala and another ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. Gulshan Mehta Advocate for the appellant. Mr. Jaswinder Singh, DAG, Punjab for the respondents. ... Alok Singh, J. 1. Present appeal is filed assailing judgement dated 16.7.2009 passed by learned Single Judge whereby dismissing writ petition challenging order dated 23.1.2009, rejecting the prayer of the petitioner – appellant to renew his arms licence. 2. Brief facts of the present case are that the petitioner was granted arms licence to possess a weapon, which was valid upto 31.12.2000. On 17.8.2007, approximately after a period of six years and eight months, LPA No. 1158 of 2009 2 the petitioner moved an application for renewal of his licence, which was rejected by the District Magistrate vide order dated 23.1.2009. The order of the District Magistrate was challenged in appeal, which was also dismissed vide order dated 31.3.2009. 3. The District Magistrate as well as the appellate authority did not renew the arms licence of the petitioner on the ground that he failed to explain the delay of six years and eight months in moving application for renewal. 4. Undisputedly, the petitioner submitted before the authorities that he was medically unfit during the intervening period. The petitioner- appellant produced medical certificate before the authorities showing him medically unfit. Undisputedly, neither the District Magistrate nor the appellate authority observed that medical certificate submitted by the petitioner – appellant was not genuine. 5. We are of the view that once medical certificate is submitted before the authority and delay is sought to be condoned by a party on the ground of ill-health then the authority is supposed to record a finding about the genuineness of the certificate. Unless and until genuineness of the certificate is doubted and the same is not found to be fake and incorrect, authorities cannot brush aside the contention of the party claiming condonation of delay on the ground of illness. As observed above, in the present matter, both the authorities did not care to record any finding about the genuineness of the medical certificate. Hence, in our view, contention of the petitioner – appellant ought to have been accepted for condoning the delay. 6. In view of the above, order passed by both the authorities LPA No. 1158 of 2009 3 cannot be sustained in the eye of law. 7. Order impugned dated 23.1.2009 in the writ petition is quashed. The District Magistrate is directed to consider the application of the petitioner seeking renewal of the arms license afresh, in accordance with law. The District Magistrate shall decide the application of the petitioner within one month from the date certified copy of this order is produced before him. 8. Appeal stands disposed of accordingly. ( Alok Singh ) Judge ( Adarsh Kumar Goel ) Judge 19.04.2010 sk.