Nurul Hoda Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Nurul Hoda Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application allowed. The Collector, Aurangabad's rejection order dated 01.01.2024 is quashed. The District Magistrate, Aurangabad is directed to pass a fresh order on the arms licence application in accordance with law, considering the police report dated 28.01.2018 in its entirety and after hearing the petitioner, within one month of receipt/communication of the court's order; the petitioner is to produce his training certificate during the hearing before the Collector.

Issue for consideration

Whether the petitioner's pending application (before respondent no. 2 since January 2018) should result in issuance to him of an Arms Licence for an N.P. Bore Revolver/Pistol, via writ of mandamus directing respondent no. 2. +1 more

Court's answer

The writ application is allowed; the Collector, Aurangabad's order dated 01.01.2024 is quashed, and the District Magistrate, Aurangabad is directed to pass a fresh order in accordance with law after considering the report dated 28.01.2018 in its entirety and after hearing the petitioner, within one month.

Ratio / Principle

The impugned order dated 01.01.2024 rejecting the arms licence application is 'no order in the eye of law' because the Collector did not consider the police report properly; such an order cannot be sustained by this Court.

Key takeaways

As part of the fresh consideration, the petitioner must produce his training certificate during the hearing before the Collector.ratio¶32

Detailed headnote1 paragraphs

Arms Licence - Pending application for N.P. Bore Revolver/Pistol licence (pending before District Magistrate, Aurangabad since January 2018) - Applicant resident of naxal-affected area near Rafiganj who commutes daily to Aurangabad Court; police report (dt. 28.01.2018) records his role in securing conviction of many naxals and killing of his uncle by naxals - Collector, Aurangabad rejected application by order dt. 01.01.2024 merely noting the application was 'only forwarded' and declaring no ground for consideration - Court held the rejection order was 'no order in the eye of law' as the police report was not properly considered and could not be sustained - Order quashed; District Magistrate, Aurangabad directed to take a fresh decision in accordance with law after considering the 28.01.2018 report in its entirety and hearing the petitioner, within one month; petitioner required to produce training certificate at hearing. (Patna HC, CWJC No.1361 of 2024, Sandeep Kumar, J., dt. 04-03-2024)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1361 of 2024

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

Nurul Hoda Khan Son of Shamshul Hoda Khan Resident of MohallaImadpur, Police Station-Rafiganj, District-Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.

The District Magistrate, Aurangabad.

The Superintendent of Police, Aurangabad.

The Sub-Divisional Officer, Aurangabad.

The Sub-Divisional Police Officer, Aurangabad.

The Station House Officer, Rafiganj, District-Aurangabad.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Najeeb Ahmad, Advocate For the State : Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16

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

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 04-03-2024

Heard the parties.

The petitioner has moved the Court for the

following reliefs:

“(i) For issuance of appropriate writ/writs, in the nature of writ of mandamus, directing the respondents particularly respondent no. 2 to issue Arms License of N.P. Bore Revolver/Pistol to the petitioner which has been pending before the said Respondent since January, 2018.

(ii) For issuance of any other relief/reliefs to which the petitioner may be entitled to in the facts and circumstances of the case.”

This application for grant of arms license to the

Patna High Court CWJC No.1361 of 2024(3) dt.04-03-2024 2/3

petitioner has been rejected by the Collector, Aurangabad by the impugned order dated 01.01.2024.

In para-3 of the impugned order, the Collector has held that there is no ground for consideration of arms license to the petitioner and in para-2 also the Collector has said that the application of the petitioner was only forwarded.

Learned counsel for the petitioner has taken this Court to the recommendation by the Police Officer of Rafiganj Police Station, reading of which it will appear that the petitioner is a resident of a naxal affected area and he travels to Aurangabad Court daily from village Imadpur, Rafiganj. It has also come in the report that the petitioner has been instrumental in getting many naxals convicted and the own uncle of the petitioner was killed by naxals. It appears that the impugned order dated 01.01.2024 by which the application for grant of arms license to the petitioner has been rejected by the Collector, Aurangabad is no order in the eye of law as he has not considered the police report properly. This kind of order cannot be sustained by this Court.

In view of the above, this application is allowed.

The order dated 01.01.2024 passed by the Collector, Aurangabad is hereby quashed with a direction to the

Patna High Court CWJC No.1361 of 2024(3) dt.04-03-2024 3/3

District Magistrate, Aurangabad to pass a fresh order in accordance with law after considering the report dated 28.01.2018 in its entirety and after hearing the petitioner. The consideration must be done within one month from the date of receipt/communication of a copy of this order. The petitioner will also produce the training certificate during hearing before the Collector.

(Sandeep Kumar, J)

P. Kumar

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