Patna High CourtCWJC/19873/2014allowed

Ravi Kant Dubey v. The State Of Bihar And ORS

2019-04-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19873 of 2014 ====================================================== Ravi Kant Dubey Son of Late Prabhunath Dubey, Resident of VillagePipardih, P.s. Nasariganj, District- Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Patna Division.

2. The District Magistrate, Rohtas.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra For the Respondent/s :

Mr. Prabhat Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by cancellation of Arms license issued in favour of the petitioner.

Learned counsel for the petitioner submits that the licensing authority as well as the appellate authority have committed error of jurisdiction in canceling the arms license and rejecting the appeal.

Learned counsel for the petitioner further submits that mere filing of F.I.R. is no ground to cancel the gun license. By way of filing supplementary affidavit Mr. Mishra has submitted that the petitioner was acquitted vide order dated 23.10.2010 in the criminal case and as such he is free-main and there is no ground to cancel the gun license and there is no case of abuse of

Patna High Court CWJC No.19873 of 2014(3) dt.24-04-2019 2/2 the privilege of gun license.

Considering the aforesaid, the order contained in Annexure-5 and Annexure-7 passed by the District Magistrate, Rohtas and Commissioner, Patna is hereby quashed and the respondents District Magistrate, Rohtas is hereby directed to pass fresh order in the light of the order of acquittal dated 23.10.2010 within a maximum period of 60 days after the general election.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U