Patna High CourtCWJC/15784/2017disposed

Ranjit Singh v. The State Of Bihar And ORS

2018-11-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15784 of 2017 ====================================================== Ranjit Singh, S/o Bundela Singh at Present Resident of Village-Mustafapur, P.S. + P.O.-Khusrupur, District-Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief secretary, of Bihar Govt. Old Secretariat, Patna.

2. District Magistrate, Patna.

3. Commissioner, Patna Division Patna.

4. Arms Magistrate Collectorate, Patna

5. Senior Superintendent of Police, Patna.

6. Additional District Magistrate, Collectorate, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Ajay Shankar Rajoo For the Respondent/s :

AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2018 Heard learned counsels for the parties.

The petitioner has prayed for quashing the order dated 20.01.2017 passed by Respondent No. 2, the District Magistrate, Patna in Arms Case No. 09-602/2013, whereby the petitioner's application for grant of licence for rifle has been rejected on the ground that the recommendation has neither been made by SDO, Patna City nor the SDO, Fatuha in favour of the petitioner for the grant of licence for rifle, moreover, the grant of licence will result into threat to the public peace. Without expressing any opinion on the merits of the case, this Court is simply not inclined to interfere since the petitioner has alternative remedy of appeal under Section 18 of

Patna High Court CWJC No.15784 of 2017(2) dt.20-11-2018 2/2 the Arms Act, 1959.

In the circumstances, this Court, in the interest of justice, the petitioner would be at liberty to prefer appeal before the appellate authority, i.e., the Divisional Commissioner, Patna Division against the impugned order along with an application for condonation of delay within a period of three weeks from the date of receipt/production of a copy of this order. It is expected from the Appellate Authority to consider the application for condonation of delay, considering the fact that the present writ application was pending before this Court since 2.11.2017.

With the aforesaid, this writ application is disposed of.

(Dinesh Kumar Singh, J) anil/- U