Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.464 of 2022 ====================================================== Mukesh Kumar Son of Sri Kumud Prasad Singh Resident of Village- Bihat Tola Gurudaspur, P.S.- Barauni, District- Begusarai, presently residing at Lichchi Bagan, H.N. Tower, S.K. Tarafdar Road, P.S.- Adampur, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Principal Secretary Department of Home, Government of Bihar, Patna. 3.

The District Magistrate, Bhagalpur-cum- District Arms Magistrate Bhagalpur.

4.

The Sr. Superintendent of Police Bhagalpur.

5.

The Superintendent of Police Begusarai.

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Respondent/s :

Mr.Manish Kumar (GP 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2022 Though the present writ petition has filed for directing the District Magistrate, Bhagalpur-cum- District Arms Magistrate, Bhagalpur to dispose off the application, filed by the petitioner for grant of arms licence, however, the learned counsel for the respondent- State has referred to the counter affidavit, filed in the present case and has submitted that the application of the petitioner for grant of arms licence has already been rejected by the District Magistrate, Bhagalpurcum- District Arms Magistrate, Bhagalpur by an order dated 24.05.2022, passed in Arms case no. 14-14 of 2022.

Patna High Court CWJC No.464 of 2022(2) dt.12-12-2022 2/2 In such view of the matter, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 24.05.2022, by filing appropriate appeal, however, seeks a direction upon the appellate authority to consider the appeal of the petitioner on merits. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with liberty to the petitioner to file appropriate appeal against the aforesaid order dated 24.05.2022, passed by District Magistrate, Bhagalpur and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and pass a reasoned and a speaking order, thereon, in accordance with law, within a period of twelve weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U