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CWP-26618-2025 -1- 106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-26618-2025 Date of decision: 08.09.2025 ARVIND KUMAR SHARMA ...Petitioner(s) VERSUS STATE OF PUNJAB AND OTHERS ...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Shivender Pal Singh, Advocate for the petitioner. Mr. Amit Kumar Goyal, Addl. A.G, Punjab. Ms. Saigeeta Srivastava, Advocate for respondent No.3-UOI. **** JASGURPREET SINGH PURI, J. (Oral)
1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for setting aside the impugned order dated 02.08.2023 (Annexure P-4) passed by respondent No.2, whereby the arms licence granted to the petitioner has been cancelled.
2.
Learned counsel for the petitioner submitted that by way of the aforesaid impugned order dated 02.08.2023 (Annexure P-4), the arms licence of the petitioner has been cancelled. He further submitted that the arms licence of the petitioner was wrongly cancelled by the respondents especially in view of the fact that the FIRs, on the basis of which the licence was cancelled, already stood quashed.
CHETAN THAKUR 2025.09.09 15:21 I attest to the accuracy and authenticity of this order/judgment.
CWP-26618-2025 -2-
3. On a query being raised to the learned counsel for the petitioner as to why an appeal was not filed by the petitioner because the aforesaid impugned
order was an appealable order under Section 18 of the Arms Act, to which he submitted that now the limitation has expired and therefore, an appeal cannot be filed. On a second query being raised to the learned counsel for the petitioner as to why an application for condonation of delay before the appellate authority was not filed, to which he submitted that the delay was very large.
4. This Court is of the considered view that where an order is appealable and the petitioner has not preferred an appeal, the present petition cannot be filed to circumvent the law.
5. In view of the above, the present petition is dismissed with Rs.10,000/- (Rupees Ten Thousand) as costs. The petitioner is hereby directed to deposit the aforesaid costs to the Punjab State Legal Services Authority Disaster Relief Fund, within a period of three months from today.
(JASGURPREET SINGH PURI) 08.09.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.09.09 15:21 I attest to the accuracy and authenticity of this order/judgment.