Dr. Vimala Kumari @ Bimla Kumari, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5387 of 2022 ====================================================== Dr. Vimala Kumari @ Bimla Kumari, Wife of Maniraj Ranjan, Resident of Village - Mohodipur, P.S. - Mairwa, District - Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Saran Division at Chapra. 3.

The District Magistrate, Siwan.

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

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Respondent/s :

Mr.M. Nasrul Huda Khan ( SC 1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2022 The present writ petition has been filed for quashing the order dated 06.04.2005, passed by the District Magistrate, Siwan, whereby and whereunder the Arms licence of one Dr. Maniraj Ranjan has been cancelled.

The learned counsel for the petitioner has submitted that firstly, the said order dated 06.04.2005 does not depict the name of the petitioner and instead, the name of her husband has been mentioned, thus, the said order dated 06.04.2005 is not binding on the petitioner. It is next contended that the Arms licence of the petitioner was renewed as recently as in the year 2018, hence, apparently, the said order dated 06.04.2005 is not relatable to the petitioner herein, nonetheless, the respondent authorities are now refusing to renew the Arms licence of the

Patna High Court CWJC No.5387 of 2022(2) dt.19-12-2022 2/2 petitioner on the pretext of the aforesaid order dated 06.04.2005. Having regard to the facts and circumstances of the case and upon hearing the learned counsel for the parties, this Court finds that the respondent authorities cannot refuse to renew the Arms licence of the petitioner under the garb of the order passed by the District Magistrate, Siwan dated 06.04.2005, since the same does not relate to the petitioner, hence, the District Magistrate, Siwan is directed to forthwith issue directions for renewal of the Arms licence of the petitioner.

It is needless to state that in case, the District Magistrate, Siwan seeks to cancel the Arms licence of the petitioner in future, he shall issue a show cause notice to the petitioner and after considering her reply, shall pass appropriate orders, in accordance with law.

The writ petition stands stands allowed to the aforesaid extent.

(Mohit Kumar Shah, J) rinkee/- U