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Patna High CourtCWJC/1530/2020disposed

Baldeo Kumar v. The State Of Bihar

2022-07-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1530 of 2020 ====================================================== Baldeo Kumar Son of Late Mangala Charan, Resident of Mohalla-Premchand Road, Sasaram Town, P.O. and P.S. Sasaram, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Addl. Chief Secretary, Home, Government of Bihar, Patna. 3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate, Rohtas.

5.

The Superintendent of Police, Rohtas.

6.

The Addl. District Magistrate (Arms), Rohtas. 7.

The Sub-Divisional Magistrate, Sasaram (Rohtas). 8.

The Deputy Superintendent of Police, Sasaram 9.

The SHO, Sasaram (Town) Police Station Sasaram (Rohtas). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bajarangi Lal For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2022 Though the present writ petition has been filed for setting aside the order dated 25.2.2019 passed by the District Magistrate, Rohtas at Sasaram in Arms Case No. 1015/ 06-15, however, the learned counsel for the petitioner has restricted his prayer to grant of liberty to the petitioner to file appropriate appeal, nonetheless, it is submitted that the earlier order of this Court dated 9.11.2015 passed in CWJC No. 22770 of 2013 as also the

Patna High Court CWJC No.1530 of 2020(2) dt.01-07-2022 2/2 order passed by the Commissioner, Patna Division, Patna dated 30.8.2011 in Arms Appeal filed by the petitioner, be taken into consideration.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal before the appellate authority and in case, such appeal is filed within a period of four weeks from today, the Commissioner, Patna Division, Patna shall consider his earlier order dated 30.8.2011 as also the order of this Court dated 9.11.2015 and pass appropriate orders, in accordance with law, within a period of eight weeks, thereafter. It is needless to state that the issue of limitation shall not come in the way of the appellate authority to decide the appeal on merits.

(Mohit Kumar Shah, J) Ajay/- U