Ranjan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6634 of 2019 ====================================================== Ranjan Kumar Mandal, aged about 45 years (Male), S/o Nageshwar Mandal, R/o Village-Nayagaon, Godhiyasi, P.S.-Parbatta, District-Khagaria. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Khagaria.

3.

The Superintendent of Police, Khagaria.

4.

The Sub-Divisional Officer Gogari, District-Khagaria. 5.

The Deputy Collector In-Charge, Arms License, Khagaria. 6.

The Sub Divisional Police Officer Gogari, District-Khagaria. 7.

The Officer-in-Charge of Parbatta P.S. District-Khagaria. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ranjeet Kumar Singh, Advocate.

For the Respondents :

Mr.Md. Nadim Seraj, G.P. 5.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1 For issuance of any appropriate writ or writs, rule or direction especially in the nature of certiorari, quashing the order dated 15.03.2018, passed by the Respondent District Magistrate, Khagaria (respondent no. 2) in Arms License Record No. 15/2018 whereby and where under the application for grant of Arms License has been rejected taking in view of that there is no first information report instituted at the instance of the petitioner as such no occasion arises for any threat

Patna High Court CWJC No.6634 of 2019(2) dt.03-04-2019 2/2 perception within three years.

(ii) For issuance of any appropriate writ or writs, rule or direction especially in the nature of mandamus directing the respondent District Magistrate, Khagaria to grant Arms License to the petitioner on the basis of recommendation made by the concerned authority."

There is statutory remedy available to the petitioner to file an appeal under Section 18 of the Arms Act, 1959. Considering the same, the petitioner is directed to prefer an appeal against the order under challenge, within a period of thirty days from today. The Appellate Authority shall consider the appeal of the petitioner and pass order within the statutory period from the date of filing of such appeal in accordance with law and in light of the order passed in the case of Manish Kumar Vs. The State of Bihar through Commissioner, Patna Division & Ors, reported in 2015(4) PLJR (HC) 212.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U