Shamsher Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1202 of 2024 ====================================================== Shamsher Singh Son of Sri Krishna Nandan Singh, Resident of VillageMosimpur, P.O. and P.S.- Khusrupur, District- Patna. ... ... Petitioner

Versus

1.

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

The District Magistrate cum Licensing Authority, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Sub-divisional Officer, Patna City.

5.

The Station House Officer, Khusrupur Police Station, Patna. 6.

The Patna Commissioner, Patna Division, Patna. ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mrs. Manisha Pandey, Adv.

For the State :

Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2024 The present writ petition has been filed seeking the following reliefs:- "(i)For issuance of appropriate writ/ orders/ direction to the respondents to dispose off the application for grant of arms license for NP Bore Revolver and Rifle filed by the Petitioner to the Licensing Authority, i.e the respondent No.2 herein in December, 2021 in expeditious and time bound manner as the same has been kept pending till date without passing any order thereupon in complete violation of the Arms Act, 1959 and concerned Arms Rules, 2016.

(ii) For issuance of an appropriate writ/ orders/ direction to respondents to act upon the representation dated 31.10.2023 filed by the petitioner before the District

Patna High Court CWJC No.1202 of 2024(3) dt.22-08-2024 2/2 Magistrate-cum-Licensing Authority, Patna, i.e., the Respondent No. 2 herein."

2. At the outset, the learned counsel for the petitioner submits that during the pendency of the present writ petition, the District Magistrate, Patna has already passed an order dated 28.12.2023, rejecting the application filed by the petitioner, for grant of Arms License, hence, the petitioner be granted liberty to challenge the same by filing an 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 four 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, in accordance with law, within a period of eight weeks, thereafter.

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

(Mohit Kumar Shah, J) kanchan/- U