Arvind Kumar Singh Alias Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3272 of 2024 ====================================================== Arvind Kumar Singh Alias Arvind Kumar Son of Deomuni Singh Currently Residing at Gita Ghat Colony, Ward No. 10, Fazalgunj, P.O. and P.S.- Sasaram, District- Rohtas, Bihar, Pin- 821115. Permanent Resident of VillageSajjan Dihara, P.S. and P.O.- Karagahar, District- Rohtas, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Sasaram, Rohtas.

3.

The Superintendent of Police, Sasaram, Rohtas. 4.

The Sub-Divisional Officer, Sasaram, Rohtas.

5.

The Officer-in-Charge, Sasaram Town, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar Upadhyaya, Advocate For the Respondent/s :

Governmnet Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ in the nature of Certiorari for quashing of the impugned Order dated- 11/07/2023 of the District Magistrate, Rohtas, Sasaram, passed in License Case No. 961/2006/2016 whereby and where under, the District Magistrate has arbitrarily and illegally being pre-judicious, cancelled/rejected the application for granting of arm license of the petitioner, without considering his Representations as well as the relevant documents including the Training Certificates, Challans and the Police Report submitted by the petitioner before the competent authorities and also without considering the facts which is mentioned in the police report itself that

Patna High Court CWJC No.3272 of 2024(2) dt.06-05-2024 2/3 there a danger to the life and limb of the petitioner as well as his family members as the petitioner has his ancestral property situated at Sajjan Dihara wherein, there happens a lots of criminal activities and only for the sake of security and protection of his life and property, it is required to grant the license to the petitioner but without considering the police report the District Magistrate, Rohtas has erroneously and maliciously been cancelled/rejected the application for grant of arm license of the petitioner without authority of law. ii. For issuance of writ in the nature of mandamus for directing and commanding the respondent authority especially, Respondent No. 02 for passing a Fresh Reasoned Order by considering the Police Report as well as all the Representations and the Certificates including the Training Certificate which has earlier been submitted by the petitioner itself."

2.

At the outset, the learned counsel for the petitioner seeks to challenge the order dated 11.07.2023, passed by the District Magistrate, Rohtas at Sasaram whereby and whereunder the application of the petitioner for grant of arms licence has been rejected, by filing appropriate appeal. Liberty so sought is granted.

3.

It is needless to state that in case appropriate appeal is filed by the petitioner, within a period of two weeks from today, the appellate authority shall examine the same on

Patna High Court CWJC No.3272 of 2024(2) dt.06-05-2024 3/3 merits and pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U