Writ petition challenging rejection of Arms License application. Court held statutory appeal remedy under Arms Act available. Directed petitioner to file appeal within 30 days citing Manish Kumar case before disposing of writ.
Directed petitioner to prefer appeal under Section 18 of Arms Act within 30 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6634 of 2019
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Ranjan Kumar Mandal, aged about 45 years (Male), S/o Nageshwar Mandal, R/o Village-Nayagaon, Godhiyasi, P.S.-Parbatta, District-Khagaria.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Ranjeet Kumar Singh, Advocate. For the Respondents : Mr.Md. Nadim Seraj, G.P. 5. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
counsel for the respondents.
The following reliefs have been sought for by the
petitioner in the present writ application.
“1 For issuance of any appropriate writ or writs, rule or direction especially in the nature of certiorari, quashing the order dated 15.03.2018, passed by the Respondent District Magistrate, Khagaria (respondent no. 2) in Arms License Record No. 15/2018 whereby and where under the application for grant of Arms License has been rejected taking in view of that there is no first information report instituted at the instance of the petitioner as such no occasion arises for any threat
Patna High Court CWJC No.6634 of 2019(2) dt.03-04-2019 2/2
perception within three years. (ii) For issuance of any appropriate writ or writs, rule or direction especially in the nature of mandamus directing the respondent District Magistrate, Khagaria to grant Arms License to the petitioner on the basis of recommendation made by the concerned authority.”
There is statutory remedy available to the petitioner to file an appeal under Section 18 of the Arms Act, 1959.
Considering the same, the petitioner is directed to prefer an appeal against the order under challenge, within a period of thirty days from today. The Appellate Authority shall consider the appeal of the petitioner and pass order within the statutory period from the date of filing of such appeal in accordance with law and in light of the order passed in the case of Manish Kumar Vs. The State of Bihar through Commissioner, Patna Division & Ors, reported in 2015(4) PLJR (HC) 212.
With the aforesaid observations and directions, the present writ application stands disposed of.
(Sudhir Singh, J)
U.K./-
U
1 issue framed by the court
Whether the petitioner is entitled to issuance of writ directing grant of Arms License when statutory appeal remedy is available.
Colour shows how this judgement treated each authority
Manish Kumar Vs. The State of Bihar through Commissioner, Patna Division & Ors, reported in 2015(4) PLJR (HC) 212Referred¶25
1 provisions across 1 enactments
Ranjan Kumar Mandal
The State of Bihar through the Principal Secretary, Home Department, Bihar
The District Magistrate, Khagaria
The Superintendent of Police, Khagaria
The Sub-Divisional Officer Gogari, District-Khagaria
The Deputy Collector In-Charge, Arms License, Khagaria
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
