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Patna High CourtCWJC/16310/2023disposed

Brajesh Kumar v. The State Of Bihar

2024-08-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16310 of 2023 ====================================================== Brajesh Kumar Son of Ajay Kumar Singh, R/o Village- Sethna, P.O.- Sethna, P.S- Halsi, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Home Department, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Munger Division, Munger. 4.

The District Magistrate, Lakhisarai.

5.

The Superitendent of Police, Lakhisarai.

6.

The District Arms Magistrate, Lakhisarai.

7.

The S.H.O Halsi, P.S- Lakhisarai.

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Advocate Mr.Mayank Raj, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(A) To quash the order contained in memo No.102 dated 04.09.2023, issued by the District Magistrate Lakhisarai whereby and here under the Arms licence of the petitioner bearing N.P Bore Licence No.01/2023 has been cancelled with immediate effect.

(B) To direct the respondents to stay the operation of the order dated 04.09.2023 (ANNEXURE -1) passed by the district

Patna High Court CWJC No.16310 of 2023(3) dt.13-08-2024 2/2 Magistrate, Lakhisarai."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 04.09.2023, passed by the District Magistrate, Lakhisarai, by filing appropriate appeal, under Section 18 of the Arms Act, 1959.

3. It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by issue of limitation.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U