Kalpeshbhai Bhanushankarbhai ... vs State Of Gujarat
2022 Latest Caselaw 6338 Guj

      C/SCA/9713/2021                                       ORDER DATED: 15/07/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 9713 of 2021
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                 KALPESHBHAI BHANUSHANKARBHAI MEHTA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Petitioner(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                 Date : 15/07/2022
                                  ORAL ORDER

1. The present writ petition has been filed for the following relief:

"6(B) That this Hon'ble Court may be pleased to allow the present Special Civil Application by issuing appropriate, writ, order or direction for quashing and setting aside the judgment and orders passed by the respondent no. 1 and 2 on dated 21.12.2017 and 11/14.06.2013 respectively in the interest of justice."

2. The prayer suggest that the present writ petition has been filed assailing the orders, which are passed in 2013 and 2017.

3. From the facts as stated in the writ petition, it appears that the petitioner has prayed for the arms license and his application was rejected initially by the order dated 11/14.06.2013. In the said order, it was specified that the petitioner can filed an appeal against the said order before the Secretary, Home Department under Section 18 of the Arms Act, 1959. The petitioner filed an appeal being No.481

C/SCA/9713/2021 ORDER DATED: 15/07/2022

of 2013 before the Secretary, Home Department, which was rejected by the order dated 21.12.2017. Being aggrieved, the present writ petition is filed in the year 2021, after delay of five years. No explanation is given in the petition with regard to delay.

5. After the order was dictated, learned advocate Mr.Dagli has requested that liberty may be granted to the petitioner to file representation. The requested is refused since any compassion shown in favour of the petitioner, after so many years will give rise to a fresh cause of action amounting to condonation of delay.

6. Hence, the writ petition stands rejected.

Sd/-

(A. S. SUPEHIA, J) NVMEWADA