Mithilesh Kumar @ Mithilesh Kumar Kusbaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13144 of 2023 ====================================================== Mithilesh Kumar @ Mithilesh Kumar Kusbaha S/o Rajendra Kapri, Resident of Village- Kushiyari, P.O.- Gokula (Kurawa), P.S.- Bousi, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Bhagalpur Division, Bhagalpur. 3.

District Magistrate, Banka.

4.

Superintendent of Police, Banka.

5.

Additional District Magistrate (Arms), Banka. 6.

District Arms Magistrate, Banka.

7.

Sub-Divisional Officer, Banka.

8.

S.H.O. Bousi Police Station, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manisha Pandey, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj ( Gp 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ(s) of Mandamus or other appropriate writ to set aside the order contained in Memo No.126/Arms dated 26.05.2023 passed in Arms Case No. 18//2022, year 2022-23 of the District Magistrate, Banka whereby and where under the petitioner's application for grant of N.P. bore Rifle license has been rejected in contravention of section 14 of the arms act 1959 and also without considering the materials on record."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.13144 of 2023(6) dt.16-07-2024 2/2 petitioner seeks liberty on behalf of the petitioner to challenge the order dated 26.05.2023, passed by the District Magistrate, Banka in Arms Case No.18 of 2022-23 whereby and whereunder the application of the petitioner for grant of arms licence 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