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Patna High CourtCWJC/5517/2023allowed

Mohammad Aurangjeb v. The State Of Bihar

2023-11-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5517 of 2023 ====================================================== Mohammad Aurangjeb Son of Mohammad Taslim, Resident of Village- Daiy, Masjid Ke Pass, Sadik Nagar, Police Station- Mahkar, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya.

4.

The Superintendent of Police, Gaya.

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

For the Petitioner/s :

Mr.Satyendra Narayan Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-11-2023 Heard the parties.

2. This application has been filed for quashing of the order dated 22.04.2022 passed by the Commissioner, Gaya Division in Arms Appeal No. 229 of 2019 by which the Commissioner has rejected the application of the petitioner for grant of Arms Licence and affirmed the order dated 07.08.2018 passed by the District Magistrate, Gaya in Arms Licence Case No. 139 of 2017.

3. Petitioner is a registered contractor of Road Construction Department, Government of Bihar. The contractor is always under threat for elimination by his opponents.

4. In these circumstances, this application is allowed. The impugned order dated 22.04.2022 passed by the

Patna High Court CWJC No.5517 of 2023(3) dt.28-11-2023 2/2 Commissioner, Gaya Division in Arms Appeal No. 229 of 2019 and the impugned order dated 07.08.2018 passed by the District Magistrate, Gaya in Arms Licence Case No. 139 of 2017 are hereby quashed. The District Magistrate, Gaya is directed to reconsider the application of the petitioner for grant of Arms Licence in accordance with law.

5. The petitoner will file a fresh application as per new guidelines for grant of Arms Licence and the same shall be disposed of by the District Magistrate, Gaya within three months of receipt/communication of a copy of this order.

6. Let a copy of this order be communicated to the District Magistrate, Gaya for its compliance through FAX and email forthwith. (Sandeep Kumar, J) Harsh/ U