The Patna High Court dismissed a writ petition seeking quashing of a pistol and revolver licence rejection order, directing the petitioner to appeal to the Divisional Commissioner under Section 18 of the Arms Act, 1959.
The petitioner was granted liberty to prefer an appeal to the Appellate Authority within three weeks with condonation of delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2204 of 2017
======================================================
Sunil Kumar S/o Raghubir Prasad Resident of Village - Basmanpur, P.O. - Pathaura, P.S. - Motihari Muffasil, District - East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anshuman Singh Mr. Ramakant Yadav For the Respondent/s : Mr. Harun Qureshi AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 05-11-2018 Heard learned counsels for the parties.
The present writ application has been filed for quashing the order dated 23.02.2016 passed by Respondent No. 3, the District Magistrate, East Champaran in Arms Case No. 183/2016, as contained in Annexure 4, whereby the application submitted by the petitioner for grant of licence for pistol and revolver has been rejected.
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.
In the circumstances, this Court, in the interest of
Patna High Court CWJC No.2204 of 2017(2) dt.05-11-2018 2/2
justice, gives liberty to the petitioner, if so advised, to prefer appeal before the appellate authority, i.e., the Divisional Commissioner against the impugned order along with an application for condonation of delay within a period of three 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 taking into consideration the fact that the present writ application was pending before this Court.
With the aforesaid, this writ application is disposed
of.
(Dinesh Kumar Singh, J)
anil/-
U
1 issue framed by the court
Whether the High Court can quash a rejection order for an arms licence grant where the petitioner has an alternative statutory remedy of appeal.
1 provisions across 1 enactments
Sunil Kumar
The State of Bihar through the Chief Secretary, Bihar, Patna
The Principal Secretary, Department of Home, Bihar, Patna
The District Magistrate, East Champaran at Motihari
The Superintendent of Police, East Champaran at Motihari
The Arms Magistrate, East Champaran at Motihari
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
