Ritesh Kumar v. The State Of Bihar Through Amir Subhani, Home Secretary, Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3472 of 2017 In Civil Writ Jurisdiction Case No.17313 of 2016 ====================================================== Ritesh Kumar S/o - Sri Chandra Bhanu Mehta, Resident of Tulsi Mandi, P.S. - Alamganj, District and Town Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Amir Subhani, Home Secretary, Govt. Of Bihar and Ors Son of not known to petitioner, Home Secretary, Govt. of Bihar. 2.

Sanjay Kumar Agrawal, Son of not known to petitioner, District Magistrate, Patna.

3.

Anand Kishore, Son of not known to petitioner, Divisional Commissioner, Patna Division, Patna.

4.

Manoj Kumar Son of not known to petitioner, District Arms Magistrate, Patna.

5.

Pakaj Kumar, Son of not known to petitioner, Additional District Magistrate Arms, Patna.

6.

Manu Maharaj, Son of not known to petitioner, Sr. Superintendent of Police, Patna.

7.

Vivek Sharma, Son of not known to petitioner, Sub-Divisional Magistrate, Patna City.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. V. N. Pandey, Advocate Ms. Manisha Pandey, Advocate For the State :

Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-08-2023 Heard Ms. Manisha Pandey, learned counsel appearing on behalf of the petitioner and the State is represented by Mr. Suman Kumar Jha, learned counsel.

2. The petitioner presses the application for initiation of a contempt proceeding against the contemnors-opposite parties for their wilful and deliberate violation of the order of

Patna High Court MJC No.3472 of 2017(15) dt.31-08-2023 2/3 this Court dated 09.01.2017 passed in CWJC No. 17313 of 2016.

3. Learned counsel for the State with reference to the averments made in the show cause affidavit filed on behalf of the opposite parties No. 2, 4 and 5, submits that upon the matter being relegated to the licensing authority for taking a fresh decision in accordance with law considering the observations made by this Court, the claim of the petitioner was duly considered and an order has been passed as contained in Memo No. 2835 dated 03.08.2019 negating the claim of the petitioner for grant of arms license.

4. Ms. Pandey, learned counsel for the petitioner submits that from bare perusal of the order passed by the Licensing Authority-cum-District Magistrate, it appears that this is the cyclostyled order of this Court of the earlier order which was set aside by the Hon'ble Court and the same is also de hors to the observation made by this Court. That apart, there is no consideration of the points raised by the petitioner.

5. Be that as it may, in deference to the order of this Court, the order has been passed by the District Magistrate-cum Licensing Authority, Patna, the present contempt petition stands disposed of with a liberty to the petitioner to assail the same

Patna High Court MJC No.3472 of 2017(15) dt.31-08-2023 3/3 before the appropriate forum or in an appropriate proceeding, if so desire.

(Harish Kumar, J) Anjani/- U