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Patna High CourtCWJC/4720/2024allowed

Shahji Singh v. The State Of Bihar

2024-03-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4720 of 2024 ====================================================== Shahji Singh Son of Late Dr Vishwanath Singh Resident of Mohalla-Alpatti V.I.P. Road, P.S.-Laheriasarai, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Govt. of Bihar. 2.

The Divisional Commissioner, Darbhanga, Division, Darbhanga. 3.

The District Magistrate, Darbhanga.

4.

The Senior Superintendent of Police, Darbhanga. 5.

The Additional District Magistrate, (Arms), Darbhanga. 6.

The Distirct Arms Magistrate, Darbhanga.

7.

The Sub-Divisional Officer, Darbhanga.

8.

The S.H.O. Laheriasarai Police Station, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Pandey For the Respondent/s :

Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2024 This is an application for setting aside the order contained in Memo No. 3415/Arms dated 30.11.2023 passed in Arms Case No. 143 of 2023 by the District Magistrate, Darbhanga by which the petitioner's arms license has been cancelled.

2. The District Magistrate, Darbhanga has passed the order contained in Memo No. 3415/Arms dated 30.11.2023 passed in Arms Case No. 143 of 2023 by which he has cancelled the arms license of the petitioner on the ground that there was

Patna High Court CWJC No.4720 of 2024(2) dt.22-03-2024 2/3 no approval of the District Magistrate on the file of the petitioner by which has has been granted arms license. The petitioner was granted the license and thereafter he has procured the license.

3. Before the District Magistrate, the petitioner had relied upon the judgment of Hamid Ansari & Serajuddin Ansari V/s The State of Bihar & Ors passed in C.W.J.C. No. 782 of 2009 and had submitted that this judgment has not been considered by the District Magistrate, Darbhanga.

4. In view of the above, this application is allowed.

5. The impugned order contained in Memo No.

3415/Arms dated 30.11.2023 passed in Arms Case No. 143 of 2023 by the District Magistrate, Darbhanga so far as it relates to the petitioner is hereby quashed.

6. The matter is remitted back to the District Magistrate, Darbhanga to consider the case of the petitioner afresh in view of the judgment/order of this Court in the case of Hamid Ansari & Serajuddin Ansari V/s The State of Bihar & Ors (supra).

7. The consideration must be done on or before 31st of July, 2024 after hearing the petitioner and after calling a fresh report from the concerned police station.

Patna High Court CWJC No.4720 of 2024(2) dt.22-03-2024 3/3

8. Let a copy of this order be communicated to the District Magistrate, Darbhanga through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U