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Patna High CourtCWJC/24570/2019disposed

Om Prakash Tiwary v. The State Of Bihar

2020-02-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24570 of 2019 ====================================================== Om Prakash Tiwary Son of Manji Tiwari, flat No. 402, Kumar Residence, Saristabad, Police Station- Phulwari, District- Patna. ... ... Petitioner/s

Versus

1.

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

Commissioner, Patna Commissionary, Patna.

3.

District Magistrate, Bhojpur at Arrah.

4.

Officer-in-Charge, Agiaon Bazar, Bhojpur at Arrah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangiv Kumar For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) Mr. Sanjay Kumar, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2020 The petitioner's arms licence has been cancelled by the District Magistrate, Bhojpur by an order dated 27.04.2019, which is being assailed in the present writ application. It appears from the writ application that the petitioner has preferred an appeal before the Divisional Commissioner, Patna by way of representation, which has been brought on record as Annexure-4 to the writ application.

2. Considering the facts and circumstances of this case, this application is disposed of with a direction to the Divisional Commissioner, Patna to consider the petitioner's appeal/representation, which is at Annexure-4 to the writ application and take a decision within three months from the

Patna High Court CWJC No.24570 of 2019(3) dt.26-02-2020 2/2 date of receipt/production of a copy of this order.

3. It is indicated that the Commissioner shall consider the said representation to be an appeal under the Arms Act and decide the same accordingly.

4. The petitioner shall be at liberty to file an application seeking condonation of delay in preferring appeal before the Divisional Commissioner, which shall be decided, in accordance with law.

(Chakradhari Sharan Singh, J) arun/- U