Patna High CourtCWJC/16078/2018disposed

Md. Kamrul Hoda Azizi v. The State Of Bihar And ORS

2018-09-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16078 of 2018 ====================================================== Md. Kamrul Hoda Azizi Son of Md. Zazmul Hoda Azizi, Resident of Village-Nirpur, Police Station-Tajpur, District-Samastipur. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The Commissioner, Darbhanga Division, Darbhanga.

4. The District Magistrate, Samastipur.

5. The S.D.O., Samastipur.

6. The District Arms Magistrate, Samastipur.

7. The Dy S.P. Samastipur Sadar, Samastipur.

8. The S.H.O., Mufassil Police Station, Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4 Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-09-2018 Learned counsel for the petitioner is permitted to make necessary correction in the petition. Heard Mr. Binay Kumar, learned counsel for the petitioner and Mr. Ajay Kumar, learned AC to GP-4. The present writ application has been filed for quashing the order dated 05.12.2017 passed in Arms Case No. 134 of 2017 by Respondent No. 4, the District Magistrate, Samastipur -cum- Licensing Authority under the Arms Act, whereby the application of the petitioner for grant of arms licence for N.P. Bore

Patna High Court CWJC No.16078 of 2018 (2) dt.06-09-2018 rifle has been rejected.

In view of the alternative and efficacious statutory provision of appeal under Section 18 of the Arms Act, 1959 against the order of the Licensing Authority, this Court is not inclined to interfere.

The petitioner is at liberty to prefer an appeal within a period of three weeks from the date of receipt of a copy of this order along with application for condonation of delay. If such appeal along with application for condonation of delay is filed by the petitioner, it is expected from the Appellate Authority to consider the application for condonation of delay, keeping in view that the writ application was pending before this Court. It is further expected from the Appellate Authority to take a decision on the appeal expeditiously, preferably, within a period of two months of its filing.

With the above observation and direction, this writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U