Kanhaiya Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20460 of 2016 ====================================================== Kanhaiya Singh S/o Late Basgit Singh, Resident of Village and P.O.- Dalip Pur, P.S.- Dhangai, District- Bhojpur......................... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The District Magistrate, District- Bhojpur at Ara. 4.

The District Superintendent of Police, Bhojpur at Ara. 5.

The District Arms Magistrate-cum-in Charge Officer, Special Cell, Bhojpur District at Ara.

6.

The S.H.O. Dhangai, P.S. District- Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Respondent/s :

Mr.Partha Sarthi-Ga4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

Arms licence of the petitioner was cancelled on the ground that petitioner has failed to produce the Arms for physical verification during the Bihar Assembly Election- 2010. Learned counsel appearing on behalf of the respondent with reference to the counter affidavit would submit that before cancelling the gun license petitioner was heard and thereafter respondents have passed order cancelling the gun licence as the petitioner failed to produce the Arms for physical verification.

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.20460 of 2016(4) dt.24-04-2019 2/2 finding with regard to non-production of gun during Bihar Assembly Election -2010 and after the aforesaid finding, the formality in the matter as to the notice and hearing before taking decision of cancellation of gun licence is no compliance. Learned counsel for the petitioner further submits that no personal notice was served by the respondents with regard to physical verification and as such petitioner could not produce the Arms for physical verification and as such on non production of Arms the order of cancellation is nullity in the eyes of law.

Considering the aforesaid, the writ petition is allowed and the order contained in Annexure-D to the counter affidavit is quashed and the matter is remitted back to the District Magistrate, Bhojpur at Ara who shall restore the Arms licence of the petitioner one month after general election. However, in case abuse of the Arms licence the District Magistrate may pass afresh order after giving opportunity of hearing to the petitioner. With the aforesaid, the instant application stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U