Sudama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15015 of 2016 ====================================================== Sudama Singh Son of Kamta Prasad Singh Resident of Village - Yogipur, Post Kamanyasi, P.S. - Tiyer, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate Bhojpur at Arrah.

3.

The Superintendent of Police, Bhojpur at Arah. 4.

The Arms Magistrate Bhojpur at Arah.

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

For the Petitioner/s :

Mr. Sumant Kumar Singh, Adv For the Respondent/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner. No one appears on behalf of respondent-State.

2. The petitioner has filed the present writ application challenging the order dated 12.01.2016 passed by the District Magistrate-cum-Licencing Authority, Ara (Bhojpur) in Case No. 21 of 2014 by which his application for grant of arms license has been rejected in exercise of power under Section 14 of the Arms Act.

3. There is a statutory remedy of appeal available under Section 18 of the Arms Act against the order passed by the Licensing Officer which has not been availed by the petitioner.

4. Learned counsel appearing for the petitioner expresses desire to withdraw the present writ application with

Patna High Court CWJC No.15015 of 2016(3) dt.01-08-2025 2/2 liberty to file an appeal under Section 18 of the Arms Act before the District Magistrate, Ara (Bhojpur) and prays that an appropriate direction be issued to the Appellate Authority to decide the same on merit and not reject it on the grounds of limitation.

5. As prayed for by the learned counsel for the petitioner, this writ application is disposed of as withdrawn granting liberty to the petitioner to file statutory appeal before the Appellate Authority i.e. the Divisional Commissioner, Patna within fifteen days from today and if such an appeal is filed before the Divisional Commissioner, Patna, the same shall be heard and decided on merit by passing a reasoned and speaking order. The entire exercise should be completed within a period of six months from the date of filing of the statutory appeal.

6. With the aforesaid observation/direction, this writ application is disposed of as withdrawn with the liberty as granted above. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) kiran/- U