Sheojee Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18839 of 2015 =========================================================== Sheojee Prasad Singh, S/o Late Kameshwar Prasad Singh, resident of village - Uphaur, P.S. Khaira, District - Saran At Present C/o Dr. Ramashray Singh Veena Nursing Home, Pokhariya, District - Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Begusarai

3. The Officer In-charge Begusarai Town P.S. Begusarai, District Begusarai

4. Arms Magistrate, Collectorate, Begusarai .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. A.K.Chaudhary, AAG13 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 04-01-2016 Heard learned counsel for the petitioner and the State. A short question has been raised on behalf of the petitioner.

It is contended that the petitioner was holding a licence for DBBL gun. His licence along with several other licences was cancelled vide Annexure-1 on the ground that, despite notice having been published in various newspapers for producing firearms for verification in view of ensuing election and since the petitioner did not comply the same, his licence along with licence of other similarly situated persons was cancelled, however, the claim of the petitioner is that his licence was verified on 13.07.2015 itself by the Town Police

Patna High Court CWJC No.18839 of 2015 dt.04-01-2016 2/2 Station, Begusarai and an endorsement to that effect was made on the licence of the petitioner itself, a copy of which has been appended as Annexure-2.

That being the situation, this writ application is being disposed of with a liberty to the petitioner to approach before the licensing authority by filing a representation along with a copy of this order and a copy of the licence as well as the original licence to show his firearm was already verified by the Town Police Station, Begusarai and, as such, ground for cancellation was apparent error being non-existent. On such representation having been filed, the licensing authority would be required to examine the matter and, if he comes to the conclusion that there was proper verification of the arms licence in accordance with law then he would recall the order of cancellation of arms licence of the petitioner, however, in case he takes a view otherwise, then he would be required to pass a reasoned order and communicate the same to the petitioner. The aforesaid exercise should be completed within a period of four weeks from the date of filing of such representation along with a copy of this order.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U