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Patna High CourtCWJC/13408/2023allowed

Bir Kunwar Singh v. The State Of Bihar

2024-01-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13408 of 2023 ====================================================== Bir Kunwar Singh Son of Shrawan Kumar Singh Resident of Village-Darauli, P.S.-Darauli, District-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner Saran Division at Chapra 3.

The District Magistrate, Siwan.

4.

The Arms Magistrate, Siwan.

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Respondent/s :

Mr.Md. N.H. Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2024 Heard the parties.

2. The Arms License of the petitioner has been cancelled by the District Magistrate, Siwan vide his Memo No. 454 dated 12.10.2019 because the petitioner was unable to produce the UIN number and the cancellation proceeding has been carried out in pursuance to a general notice.

3. It has been submitted by the learned counsel for the petitioner that the petitioner had got the UIN number but because of the non-service of proper notice, the same could not be submitted before the District Magistrate, Siwan.

4. In the opinion of this Court, any order, prejudicial to any citizen cannot be passed without service of personal

Patna High Court CWJC No.13408 of 2023(2) dt.08-01-2024 2/2 notice and these kind or orders cannot be sustained.

5. Accordingly, this application is allowed and the Memo No. 454 dated 12.10.2019 issued by the District Magistrate, Siwan is hereby quashed.

6. If the petitioner submits the UIN number then the Arms license of the petitioner shall be treated to be restored. (Sandeep Kumar, J) Vikas/- U