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Patna High CourtCWJC/6240/2019disposed

Parsuram Pandey v. The State Of Bihar

2019-04-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6240 of 2019 ====================================================== Parsuram Pandey, S/o Sri Satya Narayan Pandey, resident of VillageKishanpura, P.S.- Koilwar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Patna Division, Patna 3.

The District Magistrate Bhojpur, Ara 4.

The District Arms Magistrate, Bhojpur, Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Respondent/s :

Mr.Md. N.H. Khan (SC-1) Mrs. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and the State.

2. The petitioner is aggrieved by the order dated 05.10.2018, as contained in Annexure-11, whereby the application of the petitioner for grant of additional arms license was refused.

3. Learned counsel for the petitioner submits District Magistrate-cum-Arms Magistrate, Bojpur has taken decision on the application of the petitioner without application of mind. Referring to the Division Bench judgment of this Court reported in 2019(1) PLJR 664, he submits that the decision of the respondent is without application of mind and in view of the judgment of the Division Bench, reported in 2019(1) PLJR 664,

Patna High Court CWJC No.6240 of 2019(3) dt.12-04-2019 2/2 the authorities may be directed to take a fresh decision.

4. Considering the judgment of the Division Bench reported in 2019(1) PLJR 664, the order dated 05.10.2018, as contained in Annexure-11, is hereby quashed and the matter is remitted back to the District Magistrate-cum-Arms Magistrate, Bojpur to take fresh decision in the light of the judgment of the Division Bench within a period of three months from the date of receipt/production of a copy of this order.

5. With the aforesaid, the present writ application is allowed and disposed of.

(Anil Kumar Upadhyay, J) uday/- U