Vikash Churiwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13166 of 2023 ====================================================== Vikash Churiwal S/o- Kailash Prasad Churiwal, Resident of Flat No. 54, Badri Vikash Apartment, Patna City, P.S. Chowk. District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Home Secretary, Bihar, Patna. 2.

District Magistrate, District Patna.

3.

Divisional Commissioner, Patna Division, Patna. 4.

Senior Superintendent of Police, Patna.

5.

Additional District Magistrate (Arms), Patna. 6.

District Arms Magistrate, Patna.

7.

Sub-Divisional Officer, Patna City, Patna.

8.

SHO Chowk Police Station, Patna.

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

For the Petitioner/s :

Mr.Manisha Pandey, Advocate For the State :

Mr.Sheo Shankar Prasad ( Sc 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following reliefs:- "I) For issuance of appropriate writ/orders/direction to Respondents to dispose off the application for grant of arms license for NP Bore Pistol submitted by the Petitioner to the Licensing Authority, i.e., the Respondent No. 2 herein on 06.10.2018 and 27.07.2021 in expeditious and time bound manner as the same has been kept pending till date without passing any order thereupon in complete violation of the Arms Act, 1959 and concerned The Arms Rules, 2016.

(II) For issuance of appropriate writ/ orders / direction to

Patna High Court CWJC No.13166 of 2023(4) dt.16-07-2024 2/2 Respondents to act upon the representations dated 06.10.2018 and 27.07.2021 filed by the Petitioner before the District Magistrate cum Licensing Authority, Patna, i.e., the Respondent No. 2 herein."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 25.10.2023, passed by the District Magistrate, Patna in Arms Case No.IX-40/2019 whereby and whereunder the application of the petitioner for grant of arms license has been rejected, by filing appropriate appeal. 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 two weeks from today, the appellate authority shall examine the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U