Gadhvi Prakash Varjang vs State Of Gujarat
2023 Latest Caselaw 6282 Guj

                                                                                 NEUTRAL CITATION




     C/LPA/1145/2023                            ORDER DATED: 25/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 1145 of 2023

            In R/SPECIAL CIVIL APPLICATION NO. 9834 of 2023

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                       GADHVI PRAKASH VARJANG
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Appellant(s) No. 1
MR RAHUL K DAVE(3978) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MS HETAL PATEL AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                            Date : 25/08/2023

                              ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

This Appeal is directed against the judgment and order of the learned Single Judge whereby the appellant herein has been relegated to file his statutory appeal against the order of suspension of armed licence dated 11.03.2021. While saying so, the learned Single Judge has further issued direction to the competent authority, that in case the appeal is filed, the same shall be considered on merits in accordance with law. This order is being challenged on the ground that the police report, which was the basis of suspension of licence, is incorrect and false report. Be that as it may, this submission cannot be appreciated by us for the reason that the petitioner has a remedy of statutory appeal under Section 18 of the

NEUTRAL CITATION

C/LPA/1145/2023 ORDER DATED: 25/08/2023

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Arms Act. Moreover, the writ petition has been filed after a period of approximately two years challenging the order of suspension of licence. Even then the learned Single Judge has disposed of the writ petition with the observation that in case of filing of appeal, the same shall be heard on merits.

We, therefore, dismiss the instant Appeal as misconceived.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.)

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