Sri Niwas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24123 of 2019 ====================================================== Sri Niwas Singh, Son of Indradeo Singh Resident of Village- Tenduni Tola, P.O.- Tenduni Chowk, Police Station- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Patna.

3.

The District Magistrate-cum-Licensing Authority, Rohtas at Sasaram. 4.

The District Arms Magistrate, Rohtas at Sasaram. 5.

The Superintendent of Police, Rohtas.

6.

The Station House Officer, Bikramganj, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr. Ajay Kumar, A.C. to G.P. 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 05-12-2019 Heard learned counsel for the parties.

2. An order dated 25.02.2019 passed by the District Magistrate, Rohtas at Sasaram, whereby the petitioner's application for grant of Arms licence has been rejected, is being challenged in the present writ application. The petitioner had remedy of Appeal against the said order under Section 18 of the Arms Act, 1959, which is under challenge.

3. Learned counsel appearing on behalf of the petitioner has submitted that, though, the order was passed on 25.02.2019, the same was communicated to the petitioner in

Patna High Court CWJC No.24123 of 2019 dt.05-12-2019 2/2 September, 2019, and, therefore, no appeal could have been filed within the time mentioned in the impugned order itself. For the said reason, this writ application has been filed.

4. Considering the facts and circumstances, this writ application is disposed of with an observation that the petitioner shall be at liberty to prefer an appeal against the impugned order, and, if such appeal is preferred within a fortnight from today, with an application seeking condonation of delay, the same shall be disposed of in accordance with law and application for condonation of delay shall be considered liberally keeping in mind the petitioner was pursuing his remedy before this Court by filing present writ application.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07/12/2019 Transmission Date N.A.