Jay Kumar @ Jai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7056 of 2024 ====================================================== Jay Kumar @ Jai Kumar S/o Sri Chandeshwar Sah, R/o Village Bichhedi, P.S. Naubatpur, P.O. Anap, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Govt. of Bihar, Patna. 2.

The Home Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate, Patna.

5.

The District Arms Officer, Patna.

6.

The Sub Divisional Officer, Danapur, Patna.

7.

The Senior Superintendent of Police, Patna.

8.

The Superintendent of Police, Rural Patna.

9.

Assistant Superintendent of Police, Phulwarisharif, Patna. 10.

The SHO, Naubatpur Police Station, Patna.

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

For the Petitioner/s :

Mr.Ram Kumar Singh, Advocate For the State :

Mr. Raghwanand, GA-11 Mr. Sanjay Kumar Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2024 The present writ petition has been filed seeking the following relief:- "1. (I) For issuance of Writ in nature of Certiorari quashing the letter dated 08.08.2023 passed by the Respondent No.4 in Arms case No- IX-162/2023 by which the application for issuance of Arms (N.P. Bore Revolver) has been rejected contrary to the report of the recommendations made of the A.S.P Phulwarisahriff and S.D.O. Danapur.

(II). For issuance of appropriate Writ in nature of

Patna High Court CWJC No.7056 of 2024(2) dt.04-07-2024 2/3 Mandamus directing the Respondents especially the Respondent No-3 to take proper decision on the Arms Appeal No- 294/2023 filed by this Petitioner and direct the Respondent No- 4 to issue arms license (N.P. Bore Revolver) to the Petitioner."

2. At the outset, the learned counsel for the petitioner submits that the petitioner has already filed an appeal challenging the order dated 08.08.2023, passed by the District Magistrate, Patna, rejecting the application of the petitioner for grant of arms licence, which has been numbered as Arms Appeal No.294 of 2023, hence the same be directed to be disposed off, expeditiously.

3. Per contra, the learned counsel for the respondent-State submits that in case the aforesaid appeal is still pending consideration, the same would definitely be disposed off, 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 dispose off the present writ petition with a direction to the appellate authority to dispose off the aforesaid appeal, filed by the petitioner, bearing Arms Appeal No.294 of 2023, in case the same is still pending consideration, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of

Patna High Court CWJC No.7056 of 2024(2) dt.04-07-2024 3/3 receipt/production of a copy of this order.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U