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Patna High CourtCWJC/16306/2023allowed

Ravishu Raj v. The State Of Bihar

2024-03-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16306 of 2023 ====================================================== Ravishu Raj Son of Sri Ranjit Mishra, resident of Village- Pahari Majhauva, Bagaha - 1, P.S. - Chautarwa, District- Bettia. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Saran, Division, Chapara. 3.

District Magistrate, Bettiah, West Champaran. 4.

Superintendent of Police, Bettiah, West Champaran. 5.

Additional District Magistrate, (Arms), Bettiah, West Champaran. 6.

District Arms Magistrate, Bettiah, West Champaran. 7.

Sub-divisional Officer, Bettiah, West Champaran. 8.

S.H.O. Chautarwa Police Station, District - Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manisha Pandey For the Respondent/s :

Md. N.H. Khan (Sc1) Md. H. Quareshi, Ac to Sc 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2024 Ref:- I.A. No. 01 of 2024

1. This interlocutory application has been filed for amending the prayer of paragraph no. 1 of the instant writ petition and quashing the order dated 25.01.2024 contained in Memo No. 31/Arms by the District Magistrate, West Champaran, Bettiah who has rejected the application of the petitioner during pendency of the instant writ petition.

2. For the reasons mentioned in this application, it is allowed. The prayer made in paragraph no. 01 of the interlocutory application shall be treated to be a prayer of the

Patna High Court CWJC No.16306 of 2023(5) dt.22-03-2024 2/3 main writ petition.

Ref:- C.W.J.C. No. 16306 of 2023

1. This application has been filed for following reliefs:- (I) For directions to the respondents to act upon the representation dated 18.08.2023 filed by the petitioner before the District Magistrate (respondent no. 3).

(ii) For that the Arms application of the petitioner for addition of revolver/ pistol license in existing license of DBBL, has been pending before the District Magistrate, Champaran beyond the time frame.

2. It has been submitted by the learned counsel for the petitioner that the order dated 25.01.2024 has been passed by the District Magistrate, West Champaran, Bettiah is fit to be quashed as the same has been passed as if the District Magistrate was considering the grant of a fresh arms license whereas the petitioner is already an arms license holder and he had filed an application for addition of one more arm in the existing license.

3. In these circumstances, the order dated 25.01.2024 passed by District Magistrate, West Champaran, Bettiah is hereby quashed.

4. The District Magistrate is directed to pass a fresh order in accordance with law and in light of the judgment of this

Patna High Court CWJC No.16306 of 2023(5) dt.22-03-2024 3/3 Court in the case of Aakash Gaurav Vs. State of Bihar & Ors reported in BLJ 2019 (1) 697.

5. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U