Allahabad High Court
Abhay Pratap Singh @ Pappan Singh vs State Of U.P. And Others on 8 July, 2010
Author: V.K.Shukla
Bench: V.K.Shukla
Court No. 21
Civil Misc. Writ Petition No. 39065 of 2010
Abhay Pratap Singh
Versus
State of U.P. and others
Hon'ble V.K.Shukla,J.
In the present case petitioner had applied for grant of fire arm license and same was rejected on 29.08.2008 by Licensing Authority. Petitioner submits that he has handed over papers to late Shanker Bux Singh Advocate and said late Shanker Bux Singh has assured him regarding filing of appeal and ultimately he died on 02.02.2010 and then papers were returned by his son and thereafter appeal has been filed alongwith delay condonation application. Said appeal in question has been dismissed as time barred.
Sri R.K.Mishra, learned counsel for the petitioner contended that in the present case liberal view ought to have been taken by condoning the delay and considering the appeal on merit as such order passed is unsustainable.
Countering the said submission learned Standing counsel on the other hand contended that rightful view has been taken in the matter and no interference should be made.
Factual position, on which there is no dispute, that Licensing Authority has refused to accorded fire arm license in favour of the petitioner on 29.08.2008. Petitioner had applied for certified copy of the order on 01.09.2008 and on the same date certified copy of the order was got prepared and was issued. Petitioner submits that thereafter on 03.09.2008 he has handed over papers to late Shanker Bux Singh, Advocate and thereafter he had been making inquiry and he was assured that appeal in question would be filed and after death of late Shanker Bux Singh he acquired knowledge that appeal in question has not been filed and papers have been returned back by his son and then thereafter appeal has been filed.
Statutory period of preferring appeal is 30 days and totally vague and evasive statement of fact has been mentioned that papers were handed 2 over to counsel on 03.09.2008 and then appellant has been inquiring from late Shanker Bux Singh, and he always assured him regarding filing of appeal before Appellate Forum and ultimately he died on 02.02.2010. Once statutory period of filing of appeal has expired and as per own statement made by petitioner that appeal question has not been filed within statutory period and he was getting assurance for filing appeal, even after expiry of such statutory period without preparation of delay condonation application cannot be accepted and same has been set up for the purposes of case. Plea set up in respect of handing over papers and in respect of non-filing of appeal all cooked up theory and for such a situation petitioner has to blames himself specially in the background that petitioner came to know that appeal in question has not been filed as per assurance extended to him by late Shanker Bux Singh, and even then he was expecting that appeal would be filed, in this background Appellate Forum is not at all in error in rejecting delay condonation application. Appeal in question has rightly been dismissed as time barred.
Consequently, writ petition is also dismissed. However, in case any fresh application for grant of fire arm license is moved, same will be dealt with in accordance with law.
Dated 08.07.2010 Dhruv