04 February 2008
Supreme Court
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STATE OF BIHAR Vs SHIKARI SHASTRALAYA ARMS & AMMUN.,DEALER

Case number: C.A. No.-000969-000969 / 2008
Diary number: 12946 / 2006
Advocates: GOPAL SINGH Vs PAVAN KUMAR


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CASE NO.: Appeal (civil)  969 of 2008

PETITIONER: STATE OF BIHAR & ORS

RESPONDENT: SHIKARI SHASTRALAYA ARMS & AMMUN.,DEALER

DATE OF JUDGMENT: 04/02/2008

BENCH: CJI K.G. BALAKRISHNAN & C.K. THAKKER & R.V. RAVEENDRAN

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO.969 OF 2008 (@ SLP (C) NO.12064/2006)

1.      Leave granted. 2.      Heard both sides. 3.      The appellant State has filed this appeal against the order passed by the Division  Bench of the High Court.  The respondent herein filed a writ petition for quashing the order   dated 20.7.2002 whereby the State Government cancelled the arms license given to the  respondent.  The learned Single Judge allowed the writ petition and quashed the order issued   by the Licensing Authority.  The State had preferred an appeal against the order passed by  learned Single Judge.  The appellant State had raised certain serious questions regarding th e  license held by the respondent.  The Division Bench did not considered those questions and  has disposed of the appeal by a short, virtually non-speaking order.  As it is a matter rela ting  to the arms license, the State rightly feels aggrieved by the non-consideration of the quest ions  raised before the Division Bench.   

4.      We, therefore, set aside the judgment of the Division Bench and request the High  Court to consider the L.P.A., which is being restored to its file, on merits and dispose of  the  same in accordance with law. 5.      Appeal disposed of accordingly.  No costs.