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Patna High CourtCWJC/5689/2023disposed

Tripurari Jha @ Tripurari v. The State Of Bihar

2023-10-16Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5689 of 2023 ====================================================== Tripurari Jha @ Tripurari Son of Late Shiv Kumar Jha, resident of village and P.O. - Deokuli, P.S. - Bahadurpur, District - Darbhanga, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the The Chief Secretary, Government of Bihar, Main Secretariat Patna 800015.

2.

The Chief Secretary, Government of Bihar, Main Secretariat, Patna 800015. 3.

The Additional Chief Secretary, Home Department, Government of Bihar, Sardar Patel Bhawan, Bailey Road, Patna - 800015. 4.

The Director General of Police, Bihar Police Department, Sardar Patel Bhawan, Bailey Road, Patna.

5.

The Divisional Commissioner, Darbhanga, Bihar. 6.

The Collector-cum-District Magistrate-cum The Licensing Authority (Arms), Darbhanga, Bihar.

7.

The Senior Superintendent of Police, Darbhanga. 8.

The Arms Magistrate, Darbhanga.

9.

The Sub Divisional Police Officer Sadar, Darbhanga. 10.

The Station House Officer, Bahadurpur, Darbhanga. 11.

Mr. Fool Kumar Jha @ Ful Kumar Jha @ Phool Kumar Jha @ Fulwa Jha @ Ful Jha, Son of Shree Gauri Shankar Jha, resident of Village - Dekuli, Panchayat Hahadurpur Dekuli, Via - SHMC District - Darbhanga through Collector- Cum District Magistrate, Darbhanga, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Nitu Kumari, Adv.

For the Respondent/s :

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For Issuance of writ in the nature of certiorari or any other appropriate writ for setting aside of Arms Licenses of Respondent No. 11 namely Mr. Fool Kumar Jha @ Ful Kumar Jha @

Patna High Court CWJC No.5689 of 2023( 2) dt.16-10-2023 2/3 Phool Kumar Jha @ Fulwa Jha @ Ful Jha on various contravention of Arms Rule 2016 as well as Arms Act, 1959.

(ii). A Mandamus commanding the respondent authority specially the licensing Authority (Arms) to take appropriate step(s) for cancelled the Arms License of Respondent no. 11 namely Fool Kumar Jha @ Ful Kumar Jha @Phook Kumar Jha @ Fulwa Jha @ Ful Jha on various contravention of Arms Rule 2016 as well as Arms Act, 1959.

(iii). A Mandamus Commanding the respondent authority specially the Licensing Authority (Arms) take appropriate step(s) for early disposal of Arms Licenses cancellation case filed by petitioner for Arms License cancelled to the respondent No. 11 namely Fool Kumar Jha @ Ful Kumar Jha @ Phool Kumar Jha @ Fulwa Jha @ Ful Jha who contravented the various Rules of Arms rule 2016 as well as Arms Act, 1959."

2.

At the outset, the learned counsel for the RespondentState has referred to an order dated 15.4.2023, passed by the District Magistrate, Darbhanga, whereby and whereunder the application, filed by the petitioner, for cancellation of the arms license of the private Respondent No. 11, has already been rejected.

3.

In view of the aforesaid, the learned counsel for the

Patna High Court CWJC No.5689 of 2023( 2) dt.16-10-2023 3/3 petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

4.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U