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Patna High CourtCWJC/17164/2016allowed

Ram Uday Mahto v. The State Of Bihar And ORS

2017-01-30Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17164 of 2016 =================================================== Ram Uday Mahto S/o Late Siya Ram Mahto R/o Vill- Sangam Bihar Nala Road Singhaul, P.O.- Ulaow, P.S.- Begusarai Muffasil, DistBegusarai, Presently posted as Block Education Extension Officer, Motihari under District- East Chamrparan.

.... .... Petitioner.

Versus

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

2. The Commissioner, Munger Region, Munger.

3. The District Magistrate, Begusarai.

4. The Superintendent of Police, Begusarai.

5. The Officer in Charge, Begusarai Muffasil Police Station, Begusarai.

.... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Adv. For the Respondents: Mr. M. Kumar, AC to GA4 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 30-01-2017 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the order dated 11.06.2016 passed by the District Magistrate, Begusarai, as contained in Annexure-10 by which he has refused to extend the area of firearm licence from Samastipur to entire State of Bihar. It is contended on behalf of the petitioner that he is a teacher under the service of the Government of Bihar and he could be transferred anywhere in the State of Bihar. This aspect

Patna High Court CWJC No.17164 of 2016 dt.30-01-2017 of the matter has not at all been considered by the Licensing Authority.

In my view, the order of the Licensing Authority is misconceived and de hors the provision of law. Accordingly, this application stands allowed. The order of the licensing authority dated 11.06.2016 passed by the District Magistrate, Begusarai, as contained in Annexure-10 is quashed and set aside. The matter is remitted back to the licensing authority for taking a fresh decision in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2017 Transmission Date NA