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Patna High CourtCWJC/789/2023disposed

Dinanath Bhagat v. The State Of Bihar

2023-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.789 of 2023 ====================================================== Dinanath Bhagat Son of Ramasagar Bhagat, Resident of Village- Khalawa, Police Station- Nautan, District- Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Saran at Chapra. 3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The Sub-Divisional Magistrate, Siwan.

6.

The S.H.O., Nautan Police Station, Nautan, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad (SC8) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2023 Heard the parties.

2. This application has been filed for commanding respondents authorities to restore Arms License of the petitioner after setting aside the order dated 31.12.2021, issued under Memo No. 60 dated 03.01.2022 passed by the District Magistrate, Siwan and also setting aside the order dated 26.08.2022 passed by the Divisional Commissioner, Saran Division, Chapra in Arms Licence Case No. 29 of 2022.

3. The District Magistrate, Siwan has cancelled the application of the petitioner on 03.01.2022 without issuing any notice and without hearing the petitioner.

4. In view of aforesaid circumstances, the impugned

Patna High Court CWJC No.789 of 2023(3) dt.22-11-2023 2/2 order dated 03.01.2022 passed by the District Magistrate, Siwan and also the order dated 26.08.2022 passed by the Divisional Commissioner, Saran Division, Chapra in Arms Licence Case No. 29 of 2022 are hereby quashed and the matter is remitted back to the District Magistrate, Siwan for passing fresh order in accordance with law after hearing the petitioner.

5. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U