Patna High CourtCWJC/13815/2017disposed

Santosh Kumar v. The State Of Bihar And ORS

2018-03-07Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13815 of 2017 ====================================================== Santosh Kumar, Son of Late Rajeshwar Prasad Yadav, Resident of VillageTurkahi, Police Station-Madhepura (Bharrahi O.P.), District-Madhepura. ... ... Petitioner/s

Versus

1. The State Of Bihar though The Chief Secretary, Home Department, Government of Bihar, Patna.

2. The Director General of Police, Government of Bihar, Patna.

3. The District Magistrate Cum Collector, Madhepura.

4. The District Arms and Ammunition Officer, Madhepura.

5. The Sub-Divisional Magistrate, Madhepura.

6. The Deputy Superintendent of Police, Madhepura.

7. The S.H.O. Cum Officer In Charge, Madhepura Police Station, District- Madhupura.

8. The S.H.O. Cum In Charge Bharrahi O.P. Police Station, District- Madhepura

9. Smt. Kumari Madhuri, Wife of Vinod Kumar Vimal, Advocate, Resident of Village-Jharkhaha Police Station-Shankarpur, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh For the Respondent/s :

Mr. Partha Sarthi -GA4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 07-03-2018 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Mr. Kumar Vikram, learned AC to GA-4 for the respondent State.

Patna High Court CWJC No.13815 of 2017 dt.07-03-2018 2/3 Though, the present writ application was registered on 18.09.2017, but no counter affidavit has been filed as yet, hence, this Court is not inclined to adjourn the matter any further for filing of counter affidavit.

The present writ application has been filed for quashing the order dated 14.03.2014, passed by respondent no.3, the District Magistrate, Madhepura, as contained in Annexure-6, whereby the petitioner's N.P. Bore Rifle Licence No. 13 of 2005 was cancelled and the petitioner was directed to deposit the Arms in Madhepura Police Station and original licence in the District Arms Section within twenty four hours. The petitioner preferred an appeal against the said order in Arms Appeal No. 126 of 2014 before the Commissioner, Koshi Division, Saharsa on 11.04.2014 and since then the appeal is pending. Hence, the present writ application. This Court is dismayed to find that the Arms Appeal is pending before the Appellate Authority/Commissioner, Koshi Division, Saharsa since about last four years. It is high time that the Commissioner, Koshi Division, Saharsa should dispose of the Arms Appeal No. 126 of 2014, filed by the petitioner within a period of six weeks from the date of receipt/production of a copy of this order, in accordance with the provisions of law.

Patna High Court CWJC No.13815 of 2017 dt.07-03-2018 3/3 Accordingly, with the above observation and direction, the present writ application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date 17.03.2018 Transmission Date