Disposed

Rishav Kumar Alias Rishav Kumar Singh v. The State Of Bihar and Ors.

Patna HC6 Nov 2018CWJC/1524/2017

Case brief

AI extract

What is this about?

In an arms license rejection case, the court declined to interfere without expressing an opinion on merits, directing the petitioner to exhaust the alternative remedy of appeal against the District Magistrate before the Divisional Commissioner.

What did the court decide?

Writ application disposed of; petitioner permitted to prefer appeal before Divisional Commissioner.

Rishav Kumar Alias Rishav Kumar Singh Vs The State Of… — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1524 of 2017

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======================================================

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Rishav Kumar Alias Rishav Kumar Singh, S/o Sri Sanjay Kumar Singh, Resident of Sation Road, Dumraon, Karvi Ward No. 2, P.O. + P.S. Dumraon, Distt. - Buxar

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate, Buxar

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The District Magistrate, Buxar

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The Superintendent of Police, Buxar

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The Sub - Divisional Officer, Buxar

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The Police Inspector - Cum - Station House Officer, Dumraon Police Station, Buxar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. Prabhat Kumar Verma-Aag3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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ORAL ORDER

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2 06-11-2018 Heard learned counsels for the parties.

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The present writ application has been filed for quashing the order dated 23.02.2016 passed by Respondent No. 2, the District Magistrate, Buxar in Arms Case No. 81/2015, as contained in Annexure 3, whereby the application submitted by the petitioners for grant of licence for rifle has been rejected.

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Without expressing any opinion on the merits of the case, this Court is simply not inclined to interfere since the petitioner has alternative remedy of appeal under Section 18 of the Arms Act, 1959.

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In the circumstances, this Court, in the interest of

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Patna High Court CWJC No.1524 of 2017(2) dt.06-11-2018 2/2

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justice, permits the petitioners to prefer appeal before the appellate authority, i.e., the Divisional Commissioner, Patna Division against the impugned order along with an application for condonation of delay within a period of four weeks from the date of receipt/production of a copy of this order. It is expected from the Appellate Authority to consider the application for condonation of delay since the present writ application was pending before this Court. It is further expected from the Appellate Authority to decide the appeal without being prejudiced by this order, as this Court has not expressed any opinion on the merits of the case, preferably within a period of eight weeks of its filing.

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With the aforesaid, this writ application is disposed

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of.

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(Dinesh Kumar Singh, J)

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anil/-

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Rishav Kumar Alias Rishav Kumar Singh v. The State Of Bihar and Ors.

Case brief

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Rishav Kumar Alias Rishav Kumar Singh v. The State Of Bihar and Ors.

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