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Patna High CourtCWJC/11364/2024disposed

Narendra Kumar Tiwari v. The State Of Bihar

2024-08-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11364 of 2024 ====================================================== Narendra Kumar Tiwari Son of Late Shrinath Tiwari, Resident of VillageNizampur, P.O. and P.S.- Naubatpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna, District - Patna. 4.

The S.H.O. Naubatpur, District- Patna.

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

For the Petitioner/s :

Mr.Sheo Jee Mishra, Adv.

For the Respondent/s :

Mr.Raghwanand, GA-11 Mr.AC to GA-11 ====================================================== 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.(i) Issuance of a writ/writs, order/orders, in the nature of Certiorari quashing the order of the District Magistrate, Patna dated 26.04.2024 vide Memo no. 1310 whereby where under the D.M.

Patna has suspended the Arms License of the petitioner without any cogent reason.

(ii) Issuance of a writ/writs, order/orders in the nature of Mandamus commanding the respondent authorities to release the Arms which has been duly deposited by the petitioner in the Naubatpur Police Station, District- Patna"

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.11364 of 2024(2) dt.06-08-2024 2/2 seeks to challenge the order dated 26.04.2024, 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 by the petitioner, within a period of four weeks from today, the Appellate Authority shall consider the same on merits, without being impeded by the issue of limitation and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) sonal/- U