Patna High CourtCWJC/461/2017disposed

Bhim Singh v. The State Of Bihar And ORS

2018-11-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.461 of 2017 ====================================================== Bhim Singh, Son of Late Ratan Singh, resident of Pawal, P.S. Mufassil, Aurangabad, District Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Rohtas at Sasaram,

2. The Collector, Rohtas at Sasaram.

3. The Collector, Aurangabad.

4. The Additional Collector, Rohtas at Sasaram.

5. The District Arm Magistrate, Rohtas at Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyabir Bharti, Advocate For the Respondent/s : Mr. Sheoshankar Prasad, SC8 Mr. Harshvardhan Shivsundaram, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-11-2018 Heard Mr. Satyabir Bharti, learned counsel for the petitioner and Mr. Harshvardhan Shivsundaram, learned AC to SC-8.

The present writ application has been filed for quashing the order dated 31.08.2016, as contained in Memo No. 1367, passed by Respondent No.2, the District Magistrate, Rohtas at Sasaram, as contained in Annexure-11, whereby the licence of the petitioner for N.P. Bore Rifle has been cancelled. At this stage, without entering into merits of the case, this Court is not inclined to interfere into the matter since the petitioner has alternative remedy of appeal under Section 18 of

Patna High Court CWJC No.461 of 2017 (2) dt.02-11-2018 2/2 the Arms Act, 1959.

In the interest of justice and since the petitioner was pursuing his remedy before this Court, under a wrong advice, petitioner is at liberty, if so advised, to prefer an appeal within three weeks from the date of receipt/production of a copy of this order before the Commissioner, Patna Division, Patna along with application for condonation of delay. It is expected from the appellate authority to consider the same in view of the fact that the petitioner was pursuing his remedy before this Court and further expected to dispose of the appeal within six weeks of its filing.

With the above observation and direction, the present writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U