Allowed¶24

Chitranjan Singh v. The State of Bihar

Patna HC19 Mar 2024CWJC/16261/2023

Case brief

AI extract

What is this about?

arms license cancellation; newspaper notice of State Government insufficient; personal notice mandatory precondition for verification/cancellation under Arms Act 1959 licensing regime; District Magistrate Sheohar order 01.04.2017 set aside; Commissioner Tirhut Division Arms Appeal Case No. 356 of 2022 order 20.02.2022/20.02.2023 set aside; remitted for fresh consideration; petitioner Chitranjan Singh; Patna High Court CWJC No.16261 of 2023; Justice Sandeep Kumar; decided 19-03-2024.

What did the court decide?

Writ application allowed; the order dated 20.02.2023 passed by the Commissioner, Tirhut Division, Muzaffarpur in Arms Appeal Case No. 356 of 2022 and the order dated 01.04.2017 passed by the District Magistrate, Sheohar set aside; matter remitted to the District Magistrate, Sheohar for fresh consideration. ¶24

Chitranjan Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16261 of 2023

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Chitranjan Singh Son of Late Rajendra Singh, R/o Tekari Road, P.S.Sultanpur, District- Patna and permanent resident of Road No.- 1, Gobar Sahi, Anand Nagar Khabra, P.S.- Sadar, District- Muzaffarpur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary, Home Department (Police), Patna, Bihar.

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The Commissioner, Tihut Division, Muzaffarpur.

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The District Magistrate, Sheohar cum Licensing Authority under Arms Act 1959.

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The District Arms Magistrate, Sheohar.

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The Licensing Authority, Sheohar.

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The District Magistrate, Patna cum Licensing Authority under Arms Act, 1959.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sriram Krishna For the Respondent/s : Mr. Md. Nadim Seraj (Gp5) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 19-03-2024

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This is an application for setting aside the order

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dated 20.02.2023 passed by the Commissioner, Tirhut Division, Muzaffarpur in the Arms Appeal Case No. 356 of 2022 and for setting aside the order dated 01.04.2017 passed by the District Magistrate, Sheohar.

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2 . By the impugned order, the arms license of the petitioner has been cancelled because the petitioner did not respond to the news paper notice of the State Government for providing the details of his arms license.

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Patna High Court CWJC No.16261 of 2023(3) dt.19-03-2024 2/2

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3 . It has been submitted by the learned counsel for the petitioner that petitioner could not come to know about the news paper notice.

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4 . A person whose arms license is to be verified must be given personal notice and then only his arms license can be cancelled.

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5 . Since the petitioner was not been given any personal notice, this application is allowed and the impugned order dated 20.02.2023 passed by the Commissioner, Tirhut Division, Muzaffarpur in the Arms Appeal Case No. 356 of 2022 and the order dated 01.04.2017 passed by the District Magistrate, Sheohar are hereby set aside.

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6 . The matter is remitted back to the District Magistrate, Sheohar for fresh consideration.

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(Sandeep Kumar, J)

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Shishir/-

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Chitranjan Singh v. The State of Bihar

Case brief

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Chitranjan Singh v. The State of Bihar

Case brief

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