Motiur Rahman v. Amir Subhani
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1210 of 2019 In Civil Writ Jurisdiction Case No.1308 of 2019 ====================================================== Motiur Rahman S/o Abdul Kalam Resident of Village-Bhogari P.O. Barwa, P.S. Majhaulia, District West Champaran ... ... Petitioner/s
Versus
1.
Amir Subhani the State of Bihar through Home Secretary, Govt. of Bihar 2.
Sri Narm Deshwar Lal the Commissioner, Tirhut Division, Muzaffarpur 3.
Dr. Nilesh Ram Chandra Deore the District Magistrate, West Champaran, Bettiah 4.
Jayanti Kant the Superintendent of Police, West Champaran, Bettiah 5.
Vidha Nath Paswan the Sub-Divisional Officer, West Champaran, Bettiah 6.
Manish Kumar the District Arms Magistrate, West Champaran, Bettiah 7.
Krishna Murari Gupta the Officer-in-charge, Majhaulia, P.s. West Champaran, Bettiah ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Dr. Mankeshwar Tiwari, AC to AAG-3 Mr. Saurav Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2026 The present contempt application has been filed alleging non-compliance of the order dated 22.01.2019 passed in CWJC No. 1308 of 2019, which was disposed of with the following observations:
"Considering the aforesaid facts and circumstances, the Respondent No.3 i.e. The District Magistrate, West Champaran, Bettiah is directed to consider the case of the petitioner in accordance with law and pass an appropriate order within a period of 30 days from the date of receipt/production of a copy of this order."
Patna High Court MJC No.1210 of 2019(6) dt.25-02-2026 2/3
2. A show cause has been filed on behalf of the opposite party no. 3 & 6, wherein following statements have been made:
"8. That after hearing the petitioner and perusing the documents/report available on record, it was observed that the petitioner's claim is not sustainable, he claimed that his village is adjacent to the Nepal border, which is not true, since only Bagaha-2, Ramnagar, Gaunaha, Sikta & Mainat and Blocks of the district are bordering Nepal. In his written statement he claimed that he is a prosperous farmer having 12 Bigha, 06 Kattha 1⁄2 dhur of land belongs to him. After verifying the Land Possession Certificate produced by the petitioner, it was observed that the said land property belongs to an undivided joint family, on the basis of the above facts and reports opposite party has passed its final order in light of Rule 12(2) (a) of Arms Rule, 2016, in details vide order dated 05.04.2019, and same has been communicated the concerned vide memo no.222, dated 05.04.2019, whereby & where under the application for the grant of license of NP Bore Rifle has been rejected on the basis of failing to submit evidence regarding perception of threat. A photo copy of Memo no. 222 dated 05.04.
2019 annexed is herewith and marked as Annexure-C to this show cause.
9. That from the facts mentioned above it is most humbly submitted that the order passed by the Hon'ble High Court, has been complied by the opposite party within time framed, hence the instant contempt petition is fit to be dismissed."
3. In view of the statements made in the show cause, it transpires that the order dated 22.01.2019 passed in CWJC No. 1308 of 2019 has been complied with, inasmuch as the claim of the petitioner has been considered and a reasoned order has been passed.
Patna High Court MJC No.1210 of 2019(6) dt.25-02-2026 3/3
4. Accordingly, the present contempt application stands disposed of.
5. It is, however, made clear that if the petitioner is aggrieved by the order passed by the competent authority, he shall be at liberty to avail such remedy as may be available to him in accordance with law.
(Sudhir Singh, J) Rajesh/- U