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LPA/1628/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1628 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3909 of 2010
with
CIVIL
APPLICATION No.8030 of 2010
=========================================
LALBIHARI
SHUBHKARAN PANDE - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
PUSHPADATTA VYAS for Appellant(s) : 1,
MR A.J. DESAI,
ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 23/12/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
It
appears that armed licence of the appellant was not renewed because
of delay in filing the application for renewal by more than one year.
Learned counsel for the appellant submits that under the rule, if
there was delay and the authority was not inclined to condone the
delay, they ought to have considered the matter as fresh application
for grant of licence. However, from the impugned order as we find
that the revolver in question was used in a murder case and the
incident took place on 4.7.2010, and admittedly on that day there was
no valid armed licence in favour of the appellant, we are not
inclined to interfere with the order passed by the learned Single
Judge. This apart, we also find that no special case is made out by
the counsel for the appellant to allow him to keep revolver in his
possession. Appeal and CA both are accordingly dismissed. No
costs.
(S.J.
Mukhopadhaya, C.J.)
(K.M.Thaker,
J.)
*/Mohandas
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