Perwez Alam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5996 of 2020 ====================================================== Perwez Alam Khan S/o Late Razaur rahman Khan, Resident of Village and Post-Lai, P.S.-Bihta, Dist-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The S.D.O., Danapur, Dist.-Patna.

4.

The Arms Magistrate, Patna.

5.

The S.S.P., Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Shankar Choubey For the Respondent/s :

Mr. Saroj Kumar Sharma, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-11-2021 Heard Mr. Bijay Shankar Choubey, learned counsel for the petitioner and Mr. Saroj Kumar Sharma, learned A.C. to A.A.G.-3 for the State.

The petitioner has challenged the validity of the order dated 06.12.2019 contained in Memo No. 4690 (Annexure - 1 to the writ petition ) passed by the District Magistrate, Patna by which the request for grant of arms license has been rejected by the licensing authority.

Learned counsel for the State submits that the impugned order is appealable under Section 18 of the Arms Act, 1959 and since alternative remedy of appeal is available to the petitioner, he may be relegated to pursue the remedy of appeal.

Patna High Court CWJC No.5996 of 2020(2) dt.30-11-2021 2/2 Regard being had to the submissions made by learned counsel for the State and in view of the provision for appeal prescribed under the Arms Act, 1959, this writ application is disposed of with permission to the petitioner to prefer appeal before the appropriate appellate authority within a period of one month from today along with condonation of delay petition. If such appeal is filed, the same shall be disposed of by the appellate authority in accordance with law by a reasoned order. With the aforesaid observation and direction, the present writ petition is disposed of.

(Anil Kumar Sinha, J) praful/- U