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2006 Supreme(Guj) 470

RAVI R.TRIPATHI
KUMARBHAI LALJIBHAI MALHOTRA – Appellant
Versus
STATE OF GUJARAT THR HOME SECRETARY – Respondent


Advocates Appeared: ARCHANA RAVAL, M.B.GANDHI

( 1 ) THE petitioner is before this Court being aggrieved of order passed by the Commissioner of Police, City of Ahmedabad dated 9. 7. 2004, whereby the licence to possess a weapon is suspended. The petitioner had filed Appeal No. 285 of 2004 before the State Government under Section 18 of the Arms Act, 1959. The said appeal, though pending for long, was not heard and decided by the Appellate Authority.

( 2 ) THE petitioner had approached this Court by filing Special Civil Application No. 3118 of 2005, which was not entertained by this Court but then observed as under:"in view of the fact that against the impugned order dated 9. 7. 2004, the petitioner has already availed the statutory alternative remedy by way of appeal, the present petition challenging the said order is not entertained. However, in the facts and circumstances of the case, the appellate authority is directed to decide and dispose of the appeal preferred by the petitioner challenging the order dated 9. 7. 2004 of the Police Commissioner, Ahmedabad as early as possible and preferably within a period of three months from the date of the receipt of the writ of this order. "

( 3 ) THE appellate authority decided the ap






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