Dr. Nurul Hasan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14682 of 2017 ====================================================== Dr. Nurul Hasan Son of Late Vali Hasan, Resident of Village and PoMadhopur, Via-Barharia, PS-Barharia, District-Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Saran Division, Saran at Chapra. 3.

The District Arms Magistrate, Siwan.

4.

The Sub-Divisional Magistrate, Siwan 5.

The Circle Officer, Barharia, District-Siwan. 6.

The Block Development Officer, Barharia, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-06-2019 The petitioner is aggrieved by the dismissal of Arms Appeal No. 69 of 2015 in default. After the dismissal of the appeal the petitioner filed restoration Case No. 31 of 2016 and the Commissioner, Saran Division, Chapra declined to restore the appeal vide order dated 22.6.2017 and as such the petitioner has approached this Court.

Considering the fact that the Arms Appeal was dismissed in default and not on merit, the writ petition is allowed. The order dated 22.6.2017 is quashed. The matter is remitted back to the Commissioner, Saran Division to decide the Arms Appeal No. 69/2015 on merit after providing opportunity

Patna High Court CWJC No.14682 of 2017(3) dt.19-06-2019 2/2 of hearing to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U