Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1550 of 2024 ====================================================== Nitish Kumar S/o Sri Vinod Singh, Resident of Village-Mathurapur, P.O.- Maifarida, P.S. Rahui, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Patna Division, Patna. 3.

District Magistrate, Patna.

4.

Superintendent of Police, Nalanda.

5.

Additional District Magistrate (Arms) Nalanda. 6.

District Arms Magistrate, Nalanda.

7.

Sub-Divisional Officer, Sadar, Bihar Sharif, Nalanda. 8.

S.H.O. Rahui Police Station, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Pandey For the Respondent/s :

Ms. Babita Kumari, A.C. to S.C.-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-02-2024 Heard the parties.

2. The order dated 27.7.2023 has been challenged by the petitioner on the ground that this order has been passed without hearing the petitioner and is in violation of Principle of Natural Justice.

3. Considering the aforesaid submission of the petitioner which is supported from the order, this application is allowed.

4. The order dated 27.07.2023 passed by the District Magistrate, Nalanda is hereby quashed with a direction to the

Patna High Court CWJC No.1550 of 2024(2) dt.06-02-2024 2/2 District Magistrate, Nalanda to pass an order afresh after hearing the petitioner.

5. The petitioner is given liberty to produce the training certificate before the District Magistrate, Nalanda.

6. The consideration must be done by the District Magistrate, Nalanda in accordance with law within two months from the date of communication of a copy of this order.

7. The present application is allowed.

(Sandeep Kumar, J) Saif/- U