Full Text
CASE NO.:
Appeal (civil) 969 of 2008
PETITIONER:
STATE OF BIHAR & ORS
RESPONDENT:
SHIKARI SHASTRALAYA ARMS & AMMUN.,DEALER
DATE OF
JUDGMENT
BENCH:
CJI K.G. BALAKRISHNAN & C.K. THAKKER & R.V. RAVEENDRAN
JUDGMENT:
CIVIL APPEAL NO.969 OF 2008
(@ SLP (C) NO.12064/2006)
1. Leave granted.
2. Heard both sides.
3. The appellant State has filed this appeal against the order passed by the Division Bench of the High Court. The respondent herein filed a writ petition for quashing the order dated 20.7.2002 whereby the State Government cancelled the arms license given to the respondent. The learned Single Judge allowed the writ petition and quashed the order issued by the Licensing Authority. The State had preferred an appeal against the order passed by learned Single Judge. The appellant State had raised certain serious questions regarding th e license held by the respondent. The Division Bench did not considered those questions and has disposed of the appeal by a short, virtually non-speaking order. As it is a matter rela ting to the arms license, the State rightly feels aggrieved by the non-consideration of the quest ions raised before the Division Bench.
4. We, therefore, set aside the judgment of the Division Bench and request the High Court to consider the L.P.A., which is being restored to its file, on merits and dispose of the same in accordance with law.
5. Appeal disposed of accordingly. No costs.