Deo Kumar @ Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3144 of 2024 ====================================================== Deo Kumar @ Dev Kumar S/o Sri Parma Sah Resident of Bramsthan Chowk Purani Chowk Ward No-16, P.S.-Gopalganj Town, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police Government of Bihar, Patna.

2.

The Divisional Commissioner, Saran Division, Saran at Chapra. 3.

The District Magistrate, Gopalganj, District-Gopalganj. 4.

The Superintendent of Police, Gopalganj, District-Gopalganj. 5.

The Officer In-Charge, Gopalganj Town Police Station, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh, advocate For the Respondent/s :

Mr.Government Pleader 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following reliefs:- "1.A. A writ in the nature of Certiorari or any other appropriate writ, for quashing the order dated 22.09.2023 passed in Arms License Case No.

03/2023 by the Respondent No. 3 whereby and whereunder he has disallowed the application requesting for grant of Arms License of N P Bore Rifle submitted by the petitioner in pursuance of the order dated 25.07.2023 passed by this Hon'ble High Court in CWJC No. 13638/2019,

Patna High Court CWJC No.3144 of 2024(3) dt.13-05-2024 2/3 giving liberty to the petitioner to file appropriate application for grant of license as per the provisions contained in New Arms Rules, 2016 and in case such an application is filed within the period of four weeks he shall be obliged to consider the same in accordance with law and take a final decision thereon within the period of six weeks thereafter.

B. A writ in the nature of Mandamus or any other appropriate writ, order/s, direction/s commanding the Respondent No. 3 to reconsider over the decision and grant Arms License of N P Bore Rifle to the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 22.09.2023 passed by the District Magistrate, Gopalganj in Arms License Case No. 03 of 2023 by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed within a period of two weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and pass a

Patna High Court CWJC No.3144 of 2024(3) dt.13-05-2024 3/3 reasoned and a speaking order, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U