Md. Mokimuddin @ Md. Mokim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8845 of 2022 ====================================================== Md. Mokimuddin @ Md. Mokim Son of Md. Rafique, Resident of VillageBandi, Police Station- Atri (Nimchak Bathani), District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home (Police) Department Bihar, Patna.

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The Senior Superintendent of Police, Gaya.

4.

The Arms Magistrate, Gaya.

5.

The S.H.O. Atri (Nimchak Bathani) District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ujjawal Kumar Singh, Adv.

For the Respondent/s :

Mr.Md.Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) To issue an appropriate order/orders direction/directions including a writ preferably in the nature of certiorari for quashing the order dated 15-01-2022 passed by Divisional Commissioner, Magadh Division Gaya in Arms Appeal Case No. 102 of 2021 whereby and whereunder he has dismissed the appeal filed by the petitioner for renewal of his Arms License bearing No. 493 of 1987 and affirmed the order dated 03-07-2020 passed by the District Magistrate, Gaya by which he has cancelled the above license of the petitioner in terms of section 17 of the Arms Act, 1959.

(ii) To direct the respondent no. 3 the District

Patna High Court CWJC No.8845 of 2022(2) dt.01-08-2023 2/2 Magistrate, Gaya (here in after referred to as licensing authority under the Arms Act to renew the Arms license of the petitioner bearing its no. 493 of 1987 (DBBL Gun No. 19555) after depositing the late."

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file a fresh application for grant of arms license, in accordance with the New Arms Rules, 2016, however, seeks a direction upon the District Magistrate, Gaya for expeditious disposal of the same. Having regard to the limited prayer made by the petitioner, in the present case, I deem it fit and proper to grant liberty to the petitioner to file a fresh application for grant of arms license, after complying with the formalities and the requisites under the New Arms Rules, 2016 and in case such an application is filed, within a period of two weeks from today, the same shall be considered, in accordance with law and disposed off by the District Magistrate, Gaya, within a period of eight weeks, thereof.

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

(Mohit Kumar Shah, J) sonal/- U