IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18642 of 2008 AMIT GUPTA SON OF SRI NAVENDU GUPTA, RESIDENT OF VILLAGE VRINDAWAN KUTIR, BIJAR TALAB, P.S. CIVIL LINES, DISTRICT GAYA – PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, GAYA 3. THE COMMISSIONER MAGADH RANGE, GAYA --- RESPONDENTS. ----------- 2/ 05-02-2009 Petitioner filed application for grant of arms licence. The District Magistrate, Gaya, by order dated 25.07.2008 ( Annexure-1) rejected his prayer. Aggrieved by the same, he preferred Arms Appeal No. 185 of 2008 and the Commissioner by order dated 06.11.2008 dismissed it for want of prosecution. Petitioner, aggrieved by the aforesaid orders, has preferred this application and seeks quashing of those orders. In the application it has been stated that at the time of filing appeal, no date was fixed and later-on also neither the petitioner nor his counsel was intimated any date of hearing. Despite opportunity respondents have not chosen to file any counter affidavit. Mrs. Archana Sinha, appearing on behalf of the petitioner, contends that petitioner was not intimated the date of hearing and as such the petitioner did not appear before the Commissioner on 06.11.2008. A.C. to G.A.6 appears on behalf of the State. As the petitioner was not intimated the date of hearing at the time when the appeal was filed and further no intimation having - 2 - been given to him, the Commissioner ought not to have dismissed the appeal for default. This itself vitiates its order. In the result, the application is partly allowed . The order of Commissioner, Magadh Range, Gaya, dated 06.11.2008 is quashed and the matter is remitted back for reconsideration afresh in accordance with law. BTiwary/ ( Chandramauli Kr. Prasad, ACJ )