Samudra Gogoi v. The State of Assam and 4 Ors

ORDER Date : 27.09.2024

Heard Mr. B. P. Borah, learned counsel for the petitioner, who submits that the petitioner's arm licence has been revoked by the District Commissioner, Jorhat, vide speaking order dated 29.09.2022, for alleged violation of Rule 32(2) and 10(a)(e) & (f) of the Arms Rules, 2016.

¶2The petitioner's counsel submits that the petitioner preferred an appeal under Section 18 of the Arms Act on 28.11.2022 before the Upper Assam Commissioner at Jorhat. However, the petitioner's appeal has not been decided till date, which is in violation of Rule 108 of the Arms Rules, 2016, which states as follows:- "108. Procedure to be followed by appellate authority. - On receipt of an appeal, the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard, pass final orders within sixty days of receipt of the appeal."

¶3The petitioner's counsel submits that the writ petition can be disposed of, if a direction is issued to the respondent No. 5 to take a decision on the petitioner's appeal within a specified time period.

¶4Ms. U. Das, learned counsel appearing for all the respondents submits that she has got no objection to the prayer made by the petitioner's counsel. Page No.# 3/3

¶5In view of Rule 108 of the Arms Rules, 2016, which provides for disposal of an appeal within sixty days from the date of receipt of the appeal, this writ petition is disposed of, with a direction to the respondent No. 5 to take a decision on the petitioner's appeal dated 28.11.2022, within a period of two weeks from the date of receipt of a certified copy of this order and a copy of the appeal. The decision taken should be communicated to the petitioner.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010196862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5008/2024 SAMUDRA GOGOI S/O- SRI POBON CHANDRA GOGOI, RESIDENT OF VILLAGE- BHOGAMUKH DHULAKAKHARIA, P.O. AND P.S.- BOGAMUKH, DISTRICT- JORHAT, ASSAM, PIN- 785682. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT MAGISTRATE OFFICE OF THE DISTRICT MAGISTRATE MAGISTRACY BRANCH JORHAT DISTRICT JORHAT. 3:THE SUPERINTENDENT OF POLICE JORHAT DISTRICT- JORHAT. 4:THE DEPUTY COMMISSIONER JORHAT DISTRICT- JORHAT. 5:THE COMMISSIONER UPPER ASSAM DIVISION CINNAMARA JORHAT DISTRICT- JORHAT Advocate for the Petitioner : MR B P BORAH, MR P J DUTTA,MR H MAZUMDER Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA