SATHIADEV, J.

1. Petitioner in W.P. No. 4613 of 1986 is the appellant herein and respondents 1 and 2 therein are respondents herein. Appellant preferred the writ petition to quash the order of the first respondent, dated 13th May, 1986 and signed by him on 12th May, 1986 and transferring the licence issued in the name of appellant in Form XI under the Arms Act, in favour of the Second respondent.

2. It was claimed by appellant among other grounds that no provision is made either under Arms Act or in the Rules framed thereunder to transfer such a licence. This claim was neither disputed before the learned single Judge nor in this Court by the counsel appearing for first respondent. Learned Judge while disposing of the writ petition, also stated that though S. 17 of Arms Act read with R. 53 does not confer power to pass an order transferring an arms licence, yet, the authority could invoke S. 21 of General Clauses Act, 1897. He also took note of the fact that the actual order passed was one of transfer, and that Mr. S. Govind Swaminathan appearing for second respondent had characterised the nature of the order as a substitution along with original holder of licence. Hence,