Avijeet Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12487 of 2017 ====================================================== Avijeet Kumar, Son of Sri Arvind Kumar Singh, Resident of Village-Pura, P.S.-Tekari, District-Gaya Presently residing at Moti Bhawar, Chik Line langatli, Bari Road, P.S.-Kadamkuan, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Department Department, Government of BIhar, Patna.

2. The District Magistrate, Patna.

3. The Additional District Magistrate, (Arms), Patna.

4. The Arms, Magistrate, Patna.

5. The Senior Superintendent of Police, (SSP),Patna.

6. The Sub-Divisional Magistrate, Patna, Sadar,Patna.

7. The District Magistrate, Gaya.

8. The Additional District Magistrate, (Arms), Gaya.

9. The Arms, Magistrate, Gaya.

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

For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate Mr. Kiran Kumari Sharma, Advocate For the Respondent/s : Mr. Ravi Verma, AC to GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-03-2018 Heard Mr. Saroj Kumar Sharma, learned counsel for the petitioner and Mr. Ravi Verma, learned AC to GP4.

The present Writ application has been filed for quashing the order dated 02.08.2016, as contained in Annexure-6, passed by District Magistrate, Patna, whereby petitioner's application for grant of NP Bore Revolver/Pistol licence has been rejected.

The thrust of argument of learned counsel for

Patna High Court CWJC No.12487 of 2017 (2) dt.19-03-2018 the petitioner is that the order of the District Magistrate is not in consonance with the order dated 05.10.2015 passed in CWJC No. 15644 of 2013 by a Bench of this Court, as contained in Annexure-5 Keeping in view the fact that there is a provision of statutory appeal under Section 18 of the Arms Act, 1959, this Court is not inclined to interfere at this stage. Accordingly, this writ application is disposed of with liberty to the petitioner to prefer appeal along with the limitation petition and if the same is filed within a period of four weeks from the date of receipt/production of a copy of this order, it is expected from the Appellate Authority to consider the condonation of delay in filing the appeal in view of the fact that the petitioner was pursuing his remedy before this Court and dispose of the appeal expeditiously in accordance with law.

(Dinesh Kumar Singh, J) DKS/- U