Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.67 of 2024 ====================================================== Shankar Sharma S/o Late Ram Swarth Singh, R/o Village- Badi Tengraila, P.O.- Sahar Rampur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Govt of Bihar, Patna 2.

The District Magistrate, Patna 3.

The Senior Superintendent of Police, Patna.

4.

The Additional Superintendent of Police, Phulwarisharif, Patna. 5.

The S.D.O, Danapur, District- Patna.

6.

The Police Inspector- cum- S.H.O. Naubatpur Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Jee Mishra, Advocate For the Respondent/s :

Mr.Md. N.H. Khan (SC-1) Mr. Md. Fazle Karim, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2024 The present writ petition has been filed seeking the following relief:- "1. (i) Issuance of a writ/writs/order/ orders, in the nature of Certiorari quashing the order dated 13.09.2023 passed by the learned District Magistrate, Patna whereby and whereunder the application for Arms Licence has been rejected by him.

(ii) Issuance of a writ, writs, Order/ Orders in the nature of Mandamus

Patna High Court CWJC No.67 of 2024(2) dt.29-08-2024 2/3 commanding the respondents authorities to grant a licence of Rifle of N.P. Bore to the petitioner which is urgently required by him as there is threat perception to his life."

2.

Though the present writ petition has been filed for quashing the order dated 13.09.2023 passed by the learned District Magistrate, Patna, whereby and whereunder the application of the petitioner for grant of arms license has been rejected, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the said order dated 13.09.2023, by filing appropriate appeal under Section 18 of the Arms Act, 1959, however, seeks condonation of delay, if any, in filing the same. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed by the petitioner within a period of six 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, forthwith.

Patna High Court CWJC No.67 of 2024(2) dt.29-08-2024 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U