The Court held that cancelling an arms license solely based on a newspaper notice violates principles of natural justice. The impugned orders were quashed, and the license restored, subject to a fresh proceeding following proper procedure.
Orders in Annexures-5 and 7 are quashed; arms license is restored effective after general elections.
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.3561 of 2019
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Baidyanath Prasad Singh Son of Late Hanuman Prasad Singh Resident of Village- Chatouna, Police Station- Naw Kothi, District- Begusarai
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Chandan Kumar Kashyap For the Respondent/s : Mr.Manish Kumar (Gp4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 24-04-2019 The issue raised in the present writ application is no more res integra.
This court has occasion to decide the issue of cancellation of arms license on the basis of notice in the newspaper.
This court has already held out that the notice in the newspaper does not satisfy the requirement of principles of natural justice.
In case, where the consequences are raised for strict compliance of principles of natural justice is required.
Patna High Court CWJC No.3561 of 2019(3) dt.24-04-2019 2/2
Since the respondents have cancelled the gun license it was incumbent upon the respondents to take personal notice of opportunity of hearing before taking decision of cancellation of arms licence.
Accordingly, the order contained in Annexures- 5 and 7 are quashed. The arms license of the petitioner is restored. However, restoration of arms license will not preclude the District Magistrate to start fresh proceeding for cancellation of arms license after following the procedure contemplated in the Act and in compliance of principles of natural justice if there are allegations of abuse of arms license.
With the aforesaid, the writ petition stands allowed and disposed of.
Restoration of arms license shall be effective after general election.
(Anil Kumar Upadhyay, J)
Ravi/-
U
2 issues framed by the court
Whether cancellation of arms license based solely on a newspaper notice violates principles of natural justice.
Whether the order of cancellation of arms license must be quashed due to lack of personal notice.
Baidyanath Prasad Singh
The State of Bihar through the Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna
The Divisional Commissioner, Munger Division, Munger
The District Magistrate, Begusarai
The Superintendent of Police, Begusarai
The Sub Divisional Officer, Begusarai
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
