Jagdish Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12600 of 2017 ====================================================== Jagdish Singh Son of Doma Singh, Resident of Village-Rampur, P.S. Agiaon, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Home Secretary, Govt. of Bihar, Patna. 2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Bhojpur at Ara.

4.

The District Arms Magistrate, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the State :

Mr. Manish Kumar - Gp4 Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 Though the present writ petition has been filed seeking quashing of the order dated 10.08.2007, passed by the learned District Magistrate, Bhojpur at Ara, dismissing the application of the petitioner for grant of arms licence, as also order dated 16.08.2011, passed by the learned Divisional Commissioner, Patna Division, Patna, whereby the appeal filed by the petitioner bearing Appeal No.609 of 2007 has been dismissed, however, considering the fact that much time has lapsed and during the interregnum period, the New Arms Rules, 2016 have come into force, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file a fresh application for grant of arms licence, however seeks a direction

Patna High Court CWJC No.12600 of 2017(2) dt.19-04-2023 2/2 upon the learned District Magistrate, Bhojpur at Ara to pass appropriate orders thereon, in accordance with law, without being prejudiced by the earlier rejection of his application, filed for grant of arms licence.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file a fresh application for grant of arms licence and in case such an application is filed, the Licensing Authority shall consider the same, in accordance with law and pass a reasoned and a speaking order, without being prejudiced by the earlier rejection of the case of the petitioner for grant of arms licence, forthwith. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U