Karmbir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18106 of 2018 ====================================================== Karmbir Kumar son of Sri Dilip Singh, resident of Village Sarsa, Post Office & Police Station Risiup, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home (Police) Department, Government of Bihar, Patna.

2. The Secretary, Home (Police) Department, Government of Bihar, Patna.

3. The District Magistrate, Aurangabad (Bihar).

4. The District Arms Magistrate, Aurangabad (Bihar).

5. The Superintendent of Police, Aurangabad (Bihar).

6. The Deputy Superintendent of Police (Special Branch) Aurangabad (Bihar).

7. The Sub-Divisional Officer, Aurangabad, (Bihar).

8. The Sub-Divisional Police Officer, Aurangabad (Bihar).

9. The State House Officer, Risiup, Post Office and Police Station Risiup, District- Aurangabad (Bihar).

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Singh, Adv. For the Respondent/s : Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-09-2018 Heard Mr. Arun Kumar Singh, learned counsel for the petitioner and learned AC to SC-8.

The present writ application has been filed for quashing the order dated 02.12.2017 passed by Respondent No. 3, District Magistrate, Aurangabad, whereby the application of the petitioner for grant of licence for Pistol has been rejected. Without going into the merit of the writ application, this Court is not inclined to interfere on the sole ground that there is a statutory provision of appeal under Section

Patna High Court CWJC No.18106 of 2018 (2) dt.11-09-2018 18 of the Arms Act, 1959 against the order passed by the licensing authority.

In the circumstances, the petitioner is at liberty to prefer an appeal before the Appellate Authority within a period of three weeks from the date of receipt of a copy of this order along with application for condonation of delay. It is expected from the Appellate Authority to consider the application for condonation of delay in view of the fact that the writ application was pending before this Court. It is further expected from the Appellate Authority to decide the appeal after condoning the delay in filing the appeal preferably within a period of two months of its filing.

With the above observation and liberty, the present writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U