High CourtsSingle Bench(2021) 08 OHC CK 0059

Sushil Kumar Kapardar vs State Of Odisha & Others

Orissa High Court · Decided on 13 August 2021

HON’BLE JUDGES
Biswajit Mohanty, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 22911 Of 2019

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Judgment

20 paragraphs · 325 words

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Biswajit Mohanty, J

This matter is taken up through video conferencing mode. At the outset, on oral prayer of Mr. Satapathy, learned counsel for the petitioner,Â

he is permitted to implead the Revenue Divisional Commissioner, North Division, Sambalpur as opposite party No.6 to this writ petition.

Office is directed to carry out necessary corrections in the cause title.

Heard Mr. B.P. Satapathy, learned counsel for the petitioner and Mr. G.R. Mohapatra, learned Additional Standing Counsel.

According to Mr. Satapathy, the petitioner is aggrieved by the order dated 02.11.2019 passed by the District Magistrate, Deogarh under Annexure-7

by which the prayer of the petitioner for renewal of his arms license was refused with a further direction for cancellation of the same. He further

submits that the impugned order has been passed quoting rules which do not exist.

Mr. Mohapatra submits that the impugned order is an appealable one under Section 18 of the Arms Act, 1959 and instead of filing the appeal, the

petitioner has unnecessary rushed to this Court.

In such background, Mr. Satapathy prays that liberty may be granted to the petitioner to file an appeal before the appellate authority namely, the

Revenue Divisional Commissioner, North Division, Sambalpur (opposite party No.6).

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file an

appeal before opposite party No.6 within a period of fifteen days from today along with an application for condonation of delay in filing such appeal. In

the event such an appeal is filed along with delay condonation petition, the opposite party No.6 is directed to dispose of the appeal on merits after

taking a liberal view on the application for condonation of delay within a period of three months from the date of filing of the appeal.

The writ petition is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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