Tej Narain Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7053 of 2017 ====================================================== Tej Narain Pathak son of Nageshwar Pathak, resident of Village- Chap, Police Station- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary (Home), Bihar, Patna. 2.

The Divisional Commissioner, Saran Division at Chapra. 3.

The District Magistrate-cum-Arms Magistrate, Siwan. 4.

The Superintendent of Police, Siwan.

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Respondent/s :

Mr.Md. Nadeem Seraj- Gp5 Mr.Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2024

1. Though the present petition has been filed for quashing the order dated 10.06.2016, passed by the Commissioner, Saran Division at Chapra in Arms Appeal No.146 of 2015, whereby and whereunder the appeal filed by the petitioner has been dismissed for default as also for quashing the order dated 09.09.2016, passed by the Commissioner, Saran Division at Chapra, whereby and whereunder the Restoration Petition No.27 of 2016, has also been dismissed, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Siwan by filing a fresh application for grant of arms license, as per the provisions contained in the Arms Rules, 2016,

Patna High Court CWJC No.7053 of 2017(3) dt.16-12-2024 2/2 nonetheless, he seeks a direction upon the District Magistrate, Siwan to consider the same and pass appropriate orders expeditiously.

2. Per contra, the learned counsel for the respondents submits that in case appropriate application is filed by the petitioner for grant of arms license, the same would definitely be considered in accordance with law, within a stipulated time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate application for grant of arms license within a period of six weeks from today, which shall be considered by the District Magistrate, Siwan, in accordance with law and a reasoned and a speaking order shall be passed thereon within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) Saurav/- U