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Patna High CourtCWJC/10150/2023allowed

Dr. Md. Isa, v. The State Of Bihar

2023-11-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10150 of 2023 ====================================================== Dr. Md. Isa, Son of Late-Md. Arif @ Mohammad Arif Resident of VillageBarharia, P.S. Barharia, Distirct-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The Commissioner, Saran Division, Chapra.

3.

The District Magistrate, Siwan.

4.

The Superintendant of Police, Siwan.

5.

The Arms Magistrate, Siwan.

6.

The Sub-Divisional Officer, Siwan.

7.

The S.H.O. Barharia Police Station, Barharia, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Respondent/s :

Mr.M. Nasrul Huda Khan ( Sc 1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-11-2023 Heard the parties.

2. This application has been filed for quashing the Memo No. 357 dated 25.01.2022 passed by the Arms Executive Magistrate, Siwan by which the Magistrate has rejected the application of the petitioner on the ground that he did not get his Arms Licence verified.

3. The petitioner is aggrieved by the impugned order dated 25.01.2022 passed by the Arms Executive Magistrate, Siwan by which his Arms Licence has been cancelled on the ground that he did not get his licence verified. It has been submitted by learned counsel for the petitioner that no personal

Patna High Court CWJC No.10150 of 2023(2) dt.28-11-2023 2/2 notice for verification was ever served upon petitioner and his application for Arms License has been cancelled only on the basis of general notice published on the newspapers.

4. In the interest of justice, the petitioner should have been given personal notice for verification of Arms License. His Arms Licence cannot be sustained without proper service of notice.

5. The Arms Magistrate, Siwan is directed to verify the Arms Licence of the petitioner and thereafter restore the Arms Licence of the petitioner within four weeks of receipt/communication of a copy of this order.

6. Let a copy of this order be communicated to the District Magistrate, Siwan for its compliance through FAX and e-mail forthwith.

(Sandeep Kumar, J) Harsh/ U