Md. Ehtesham Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.704 of 2017 ====================================================== Md. Ehtesham Ahmad Son of Md. Mahfooz Alam Resident of Village - Nayagaon, P.S. Shayampur Bhatahan, District - Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Sheohar.

4.

The Superintendent of Police, Sheohar.

5.

The Sub Divisional Officer, Sheohar, District - Sheohar. 6.

The District Arms Magistrate, Sheohar.

7.

The Sub Divisional Police Officer, Sheohar District - Sheohar. 8.

The Officer Incharge by Shayampur Bhatahan, P.S. District - Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Respondent/s :

Mr.Partha Sarthi-Ga4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

On consideration of the reasons assigned by the Appellate Authority, the Court is of the view that there is no error in the decision making process, if the petitioner has not furnished the details for verification then petitioner cannot be helped. The rejection on account of non-furnishing of requisite information the application cannot be termed as arbitrary exercise of power. However, the Court is of the view that the application for grant of license was not rejected on the merit,

Patna High Court CWJC No.704 of 2017(3) dt.08-05-2019 2/2 liberty shall be available to the petitioner to file fresh application in the prescribed form, furnishing all the information required and on filing of such application, the authorities shall pass fresh order on the application for grant of arms license without being influenced by the previous order passed on the application for grant of arms license.

Necessary decision on the application filed by the petitioner shall be taken by the District Magistrate, Sheohar within a maximum period of six months from the date of receipt/production of a copy of this order.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U