Awadh Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5559 of 2024 ====================================================== Awadh Bihari Singh Son of Late Ram Janam Singh, Resident of Village Jataur, Police Station- Guthni, District- Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Home, Govt. of Bihar, Patna. 3.

The Commissioner, Saran Division at Chapra.

4.

The District Magistrate, Siwan.

5.

The Superintendent of Police, Siwan.

6.

The Officer-In-Charge, Police Station Guthni, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunal Tiwary, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Anupam Raj, Advocate Mr. Gauhar Ali, Advocate For the State :

Md. Irshad, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024 The present writ petition has been filed seeking the following relief:- "1.That the petition is directed for the issuance of order for setting aside of order (Annexure-1) issued under the signature of District Magistrate, Siwan as contained in Memo No.XII 134 of 2022 dated 01.03.2023 whereby and whereunder petitioner's Arm's License bearing no. 134/02 has been cancelled with immediate effect without initiating any proceeding, without asking any show cause or

Patna High Court CWJC No.5559 of 2024(02) dt.27-06-2024 2/3 notice, without asking any report of any competent authority mere on request of officer-in-charge Guthni Police Station containing inter-alia petitioner has been made accused in Guthni P.S. Case No. 257 of 2021, 261 of 2021, 335 of 2021, 04 of 2023 and 05 of 2023.

In the alternative Commissioner Saran Division, be directed to decide Arms Appeal No. 94 of 2023 immediately."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Commissioner, Saran Division at Chapra to dispose of the appeal filed by the petitioner bearing Arms Appeal No. 94 of 2023. 3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid appeal is still pending consideration, the Divisional Commissioner, Saran Division, at Chapra would definitely consider the same in accordance with law and dispose off the same within a stipulated time frame as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Commissioner, Saran Division at Chapra to dispose off the aforesaid appeal filed by the petitioner by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of

Patna High Court CWJC No.5559 of 2024(02) dt.27-06-2024 3/3 receipt/production of a copy of this order.

5.

This writ application stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U