Disposed

Shad Ahmad v. The State Of Bihar and Ors.

Patna HC3 Feb 2015CWJC/8894/2014

Case brief

AI extract

What is this about?

Petitioner challenged the rejection of his arms licence application by the District Magistrate, Araria, citing procedural lapse. The High Court held that the rejection on grounds of missing signature does not bar a fresh application in proper form.

What did the court decide?

Directed that the rejection order dated 23.1.2015 would not preclude the petitioner from filing a fresh application in proper form.

Shad Ahmad Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8894 of 2014

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====================================================== Shad Ahmad, son of Late Nasim Ahmad, resident of Hospital Road, Ward No. 6, P.O. and P.S.- Forbesganj, District- Araria.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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1. The Divisional Commissioner, Saharsa Division, Saharsa. 3. The District Magistrate, Araria.

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The Arms Magistrate, Araria.

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The Superintendent of Police, Araria.

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Deputy Superintendent of Police, Forbesganj, Araria. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Respondent/s : Mr. Deepak Kumar, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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3 03-02-2015 Heard Mr. Ajay Kumar Singh No.1, learned counsel appearing on behalf of the petitioner and Mr. Deepak Kumar, learned Assisting Counsel to Standing Counsel No.21 for the State.

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The writ petition has been filed seeking a direction in the nature of mandamus commanding the respondent District Magistrate, Araria for grant of arms licence to the petitioner under the provisions of Arms Act, 1959 and the Rules framed thereunder for which an application is stated to have been filed on 21.2.2011.

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A counter affidavit has been filed on behalf of the District Magistrate, Araria and who while enclosing the

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Patna High Court CWJC No.8894 of 2014 (3) dt.03-02-2015

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application form of the petitioner has stated that the petitioner has not put his signature on the declaration form which is a part of the application of licence placed at Annexure-A to the counter affidavit and on which ground the application has been rejected by the District Magistrate, Araria vide order passed on 23.1.2015.

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In view of the circumstances explained, no direction need be issued in the present application. However, taking note of the fact that the application of the petitioner has not been rejected by the District Magistrate, Araria on merits but on grounds of procedural lapse occurring in the application form, I deem it proper to hold that the rejection order dated 23.1.2015 passed by the District Magistrate, Araria would not preclude the petitioner from filing a fresh application in proper form and complete in all respects for consideration by the District Magistrate, Araria afresh and its disposal in accordance with law and on its own merits.

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With the observations aforementioned, this writ petition is disposed of.

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(Jyoti Saran, J)

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SKPathak/-

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Shad Ahmad v. The State Of Bihar and Ors.

Case brief

What is this about?

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Shad Ahmad v. The State Of Bihar and Ors.

Case brief

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