Point of Law : While considering the import and purport of the words, 'other causes of a like nature', appearing in Section 14 of the Limitation Act, has held that if the High Court has declined to grant relief relegating the petitioner to a suit in the civil court, the petitioner cannot be left remediless.

JUDGMENT :

MANISH CHOUDHURY, J.

1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed an order dated 15.12.2019 passed by the District Magistrate, Dibrugarh, whereby, the arms license bearing no. 10544/III issued to the petitioner earlier, has been cancelled. A perusal of the order dated 15.12.2019 goes to show that the District Magistrate, Dibrugarh has passed the said order of cancellation of the arms licence in exercise of the powers conferred upon him under the provisions of the Arms Act, 1959 and the Arms Rules, 2016.

2. I have heard Mr. P. Talukdar, learned counsel for the petitioner and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the State respondents.

3. Mr. Talukdar, learned counsel for the petitioner has submitted that the arms licence of the petitioner was cancelled by the impugned order and in the impugned order dated 15.12.2019, a reference has been made to a case registered on the basis of a First Information Report (FIR) lodged by one Sri Sunil Das. The said FIR was registered as Moran Police Station Case No. 190/2019 under Sections 325/153A/427/500/506, Indian Penal Code (IPC) r/w Sections 25(1A), Arms Act, 1959 r/w Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Mr. Talukdar has contended that after investigation, the Investigating Officer of the case has submitted a final report being Final Report No. 69/2021 dated 21.10.2021. In the impugned order, the District Magistrate has made a reference of two other crime cases, that is, Moran Police Station Case No. 110/2015 under Section 506, IPC r/w Section 25(1A), Arms Act, 1959 and Moran Police Station Case no. 80/2016 under Section 307, IPC r/w Section 27(1), Arms Act, 1959 whereas in the show cause notice dated 25.10.2019, there was no reference to the said two crime cases. Mr. Talukdar has further submitted that subsequent to the cancellation of the arms licence there are certain other developments, which are in favour of the petitioner.

4. The submission of Mr. Goswami, learned Additional Senior Government Advocate is to the effect that the writ petition is misconceived as there is an alternative, efficacious and adequate remedy in the form of statutory appeal. He has submitted that the petitioner can raise and agitate all grounds including issues which need determination of facts before the appellate authority.

5. In response, Mr. Talukdar has submitted that the petitioner is pursuing the writ petition with diligence for the last about one year. The provisions of the Arms Act, 1959 and the Arms Rules, 2016 have provided for a limitation period for filing an appeal. If the petitioner prefers an appeal now the same would be beyond the period of limitation.

6. The power and authority has been vested in the licensing authority under Section 17 of the Arms Act, 1959 to vary, suspend and/or revoke an arms license. Sub-Section (3) thereof has specifically provided for the grounds under which the licensing authority can suspend or revoke a license. The relevant provisions of Section 17 of the Arms Act, 1959 read as under:

“17. Variation, suspension and revocation of licences:

(1) *** *** ***

(2) *** *** ***

(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence:

(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act.

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence.

(c) if the licence was obtained by the suppression of material information or