Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.821 of 2024 ====================================================== Ranjan Kumar Singh Son of Late Chunnu Prasad Singh, R/o Vill and PostChaugain (802115), P.S.- Murar, Dist.- Buxar, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna800001. 2.

The District Magistrate, Buxar, Pin- 802101, Bihar. 3.

The Superintendent of Police, Buxar, Pin- 802101, Bihar. 4.

The Sub-Divisional Officer, Sub-Division, Dumraon, Pin- 802119, Buxar, Bihar.

5.

The Sub-Divisional Police Officer, Sub-Division, Dumraon, Pin- 802119, Buxar, Bihar.

6.

The Station House Officer, P.S.- Murar, Pin- 802115, District- Buxar, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Kumar Singh, Advocate For the Respondent/s :

Mr.Government Pleader ( 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following reliefs:- "i. For issuance of writ in the nature of Mandamus for commanding and directing the concerned respondent i.e. respondent no.2 and 03 to act in accordance with Sections 13 and 14 of the Arms Act, 1959 and Rule 13 and 14 of Arms Rule, 2016.

ii. For issuance of Writ in the nature of Mandamus to direct the Respondent No.- 02 to reconsider Arms Case No.- 12 of 2021 which was arbitrarily discharged in haste and vengeance due to Contempt case.

Patna High Court CWJC No.821 of 2024(4) dt.01-08-2024 2/3 iii. For issuance of Writ in the nature of Certiorari for quashing and setting aside the effect of order dt. 01/08/2023 passed in Arms Case No.- 12 of 2021 by Respondent No.- 02 and direct him to grant the same. iv. For issuance of Writ in the nature of Mandamus to direct the Respondent No. 2 to grant Arms License to the petitioner for the safety of his life and property. V. For issuance of the Writ in the nature of Mandamus for imposing cost over the respondents for allegedly violating and intentionally misusing the order/direction given by this Hon'ble Court in CWJC No.-11425 of 2022 vide order dt. 01/05/2023 causing loss of time and energy of the petitioner and also leading to mental and physical agony.

vi. For issuance of the Writ in the nature of Mandamus for imposing cost over the respondents for allegedly violating and misusing the powers conferred under Section 13 and 14 of the Arms Act, 1959 and Rule 13 and 14 of Arms Rule, 2016 and directions issued under SubClause (C) of Clause (ii) of Circular Number V11016/16/2009-Arms, Ministry of Home Affairs (IS-II Division/Arms Section) AND Clause (V) of Circular Number 11026/16/2009-Arms, Government of India, Ministry of Home Affairs (IS-II Division/Arms Section), which leads to the wastage of petitioner's precious time and also cause mental and physical agony.

vii. For issuance of Writ in the nature of Mandamus directing the respondents and the State of Bihar to properly follow and comply with the directions laid down under Sections 13 and 14 of the Arms Act, 1959 and Rule

Patna High Court CWJC No.821 of 2024(4) dt.01-08-2024 3/3 13 and 14 of Arms Rule, 2016 and directions issued under Sub-Clause (C) of Clause (ii) of Circular Number V-11016/16/2009-Arms, Ministry of Home Affairs (IS-II Division/Arms Section) AND Clause (V) of Circular Number 11026/16/2009-Arms, Government of India, Ministry of Home Affairs (IS-II Division/Arms Section)."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 01.08.2023, passed by the District Magistrate, Buxar, in Arms Case No.12 of 2021 whereby and whereunder the application of the petitioner, for grant of arms license, has been rejected, by filing appropriate appeal under Section 18 of the Arms Act, 1959. 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 two weeks from today, the appellate authority shall consider the same, in accordance with law, and pass a reasoned and a speaking order, within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) kanchan/- U