The Commissioner has a duty to decide appeals under Section 18 of the Arms Act, 1959, within a reasonable time.

Headnote:
ARMS ACT - APPEAL - LIMITATION - COURT DIRECTED THE COMMISSIONER TO DECIDE THE APPEAL WITHIN TWO MONTHS
Fact of the Case:

The petitioner filed an appeal before the Commissioner under Section 18 of the Arms Act, 1959, but no decision was taken on the appeal.
Finding of the Court:

The court directed the Commissioner to decide the appeal within two months from the date of production of a certified copy of the order.
Issues: Whether the Commissioner was obligated to decide the appeal within a reasonable time.
Ratio Decidendi: The court held that the Commissioner has a duty to decide the appeal strictly in accordance with the law within a reasonable time.
Final Decision: The court disposed of the writ petition with a direction to the Commissioner to decide the appeal within two months.

Court No. - 18

Case :- WRIT - C No. - 34987 of 2021

Petitioner :- Sushil Kumar Singh

Respondent :- State of U.P. and Another

Counsel for Petitioner :- Rajiv Kumar Mishra

Counsel for Respondent :- C.S.C.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned

Standing Counsel for the State-respondents.

The present writ petition has been filed for the following

relief:-

A. Issue a writ order or direction in the nature of

Mandamus directing the Commissioner, Azamgarh Division,

Azamgarh to decide the appeal No. 01566/2019

(C201915000001566) Sushil Kumar Singh Vs. District

Magistrate, Ballia) under Section 18 of Arms Act, 1959, in

short span of time."

Learned counsel for the petitioner submitted that for

redressal of his grievance, he has filed appeal before the

respondent no.2, but till date no decision has been taken

upon that. He next submitted that a suitable direction may

be issued to respondent no. 2 to decide the aforesaid

appeal of the petitioner within the stipulated period.

Learned Standing Counsel for the respondents submitted

that appeal of the petitioner shall be considered and

decided strictly in accordance with law at the earliest.

Considering the facts and circumstances of the case, this

writ petition is disposed of with direction to respondent

no. 2 to decide the aforesaid appeal of the petitioner

strictly in accordance with law within a period of two

months from the date of production of certified copy of this

order.

It is made clear that Court has not adjudicated the case on

merits and it is upon the respondent no. 2 to decide the

aforesaid appeal of the petitioner after considering the

relevant Acts, Rules, Government Orders, Judicial

pronouncement made by the Court as well as facts of the

case.

Order Date :- 4.1.2022

Rmk.