Abdul Kalam Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11008 of 2024 ====================================================== Abdul Kalam Azad S/o. Late Abdul Sattar , R/o. Village - Bajitpur, Nim tal, Barh, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Govt, of Bihar 2.

The Divisional Commissioner, Patna Division, Patna 3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna 5.

The Additional District Magistrate, (Arms), Patna. 6.

The District Arms Magistrate, Patna.

7.

The Assistant Superintendent of Police, Barh, Patna. 8.

The Sub-divisional Officer Barh, Patna.

9.

The S.H.O. Barh Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Manisha Pandey, Advocate For the Respondent/s :

Mr.Saurav Kumar, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of writ(s) of Mandamus or other appropriate writ to set aside the order dated 03.05.2024 contained in memo no. 1356/Arms of the District Magistrate, Patna whereby and where under the petitioner's Arms license for N.P.Bore Rifle licence No. 119/2013 of Barh P.S. district Patna has been suspended in contravention of Section 17(3) of the Arms Act 1959 and also without considering the

Patna High Court CWJC No.11008 of 2024(2) dt.06-08-2024 2/2 showcase and also having been inspected the licenced rifle by the S.H.O. Barh and magistrate concerned time to time and also in view of the Election periods directed by the district magistrate, Patna."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 03.05.2024, passed by the District Magistrate, Patna, as far as the same pertains to the petitioner, by filing appropriate appeal, under Section 18 of the Arms Act, 1959. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) Saurav/- U