Chanda Sehara v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.646 of 2019 ====================================================== Chanda Sehara Wife of Azimuddin Azam, Ward No.12, Near Primary School, Village- Hardia, P.S.- Raghunathpur, Turkauliya, District- East Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Home (Police), Government of Bihar, Patna.

2.

The Secretary, Department of Home Police, Government of Bihar, Patna. 3.

The District Magistrate, Motihari.

4.

The Senior Superintendent of Police, Motihari. 5.

Arms Magistrate, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjum Perveen, Adv.

For the Respondent/s :

Mr.Md. Nadim Seraj- Gp5 Mrs. Salini, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2022 Though the present writ petition was initially filed for disposing off the application of the petitioner dated 28.8.2017, filed before the licensing authority, East Champaran at Motihari, but during the interregnum period, the application of the petitioner for grant of arms license has been rejected vide order dated 17.1.2019, primarily on the ground that the application has not been made in the prescribed format, hence, the learned

Patna High Court CWJC No.646 of 2019(4) dt.19-07-2022 2/3 counsel for the petitioner submits that the petitioner would be filing a fresh application for grant of arms license, thus, the same be directed to be disposed off expeditiously.

The learned counsel for the RespondentState has submitted that the State has got no objection in case, the petitioner files a fresh application for grant of arms license and in case, such an application is filed, the same shall be considered on its own merit and appropriate orders shall be passed thereon expeditiously.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate application for grant of arms license in the prescribed format, in accordance with the Arms Rules, 2016 and in case, such an application is filed within a period of four weeks from today, the licensing authority shall adjudicate upon the same, without being prejudiced by its earlier order dated 17.1.2019 and shall take appropriate decision within a period of three

Patna High Court CWJC No.646 of 2019(4) dt.19-07-2022 3/3 months, thereafter.

(Mohit Kumar Shah, J) Ajay/- U