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Raghvendra Pratap Singh, Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Raghvendra Pratap Singh, Vs The State of BiharRaghvendra Pratap Singh, v. The State of Bihar

Allowed¶24

Raghvendra Pratap Singh, v. The State of Bihar

Patna HC6 Mar 2024CWJC/2214/2020

Case brief

AI extract

What is this about?

Patna High Court CWJC No.2214 of 2020; Sandeep Kumar J.; decided 06-03-2024; petitioner Raghvendra Pratap Singh v. State of Bihar/District Magistrate, Nalanda; arms licence; N.P. Bore Rifle; rejection order dated 11.12.2019; Memo No. 3401/19/1417/SH; training certificate; writ allowed; rejection order quashed; fresh application in new format within six months; consideration by District Magistrate, Nalanda in accordance with law; respondents included SP Nalanda, District Arms Magistrate, DSP Nalanda; advocates Gautam Kumar Yadav and Md.Nadim Seraj GP-5.

What did the court decide?

Writ application allowed and disposed of; order dated 11.12.2019 rejecting the arms licence application quashed; petitioner directed to file a fresh application in the new format with the training certificate, to be considered by the District Magistrate, Nalanda within six months in accordance with law.

Why is it important?

As the petitioner has obtained the training certificate, the writ application is allowed. ¶23

What the court decided

AI extract

Outcome

Writ application allowed and disposed of; order dated 11.12.2019 rejecting the arms licence application quashed; petitioner directed to file a fresh application in the new format with the training certificate, to be considered by the District Magistrate, Nalanda within six months in accordance with law.

Issue for consideration

Whether the order dated 11.12.2019 of the District Magistrate, Nalanda rejecting the petitioner's application for grant of an arms licence for an N.P. Bore Rifle ought to be quashed, the petitioner having since obtained the training certificate.

Court's answer

As the petitioner has obtained the training certificate, the writ application is allowed.

Ratio / Principle

The order dated 11.12.2019 passed by the District Magistrate, Nalanda rejecting the arms licence application is quashed.

Key takeaways

The petitioner is to make a fresh application in the new format along with the certificate of training; if such an application is filed within six months, the District Magistrate, Nalanda shall consider it in accordance with law.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, single judge (Sandeep Kumar, J.), Civil Writ Jurisdiction Case No.2214 of 2020, oral order dated 06-03-2024. The petitioner, Raghvendra Pratap Singh, sought quashing of the order dated 11.12.2019 (Memo No. 3401/19/1417/SH) of the District Magistrate, Nalanda, which had rejected his application for an arms licence for an N.P. Bore Rifle on the ground that he had been unable to produce a training certificate. Noting that the petitioner had since obtained the training certificate, the Court allowed the application, quashed the rejection order, and directed that if the petitioner files a fresh application in the new format together with the certificate of training within six months, the District Magistrate, Nalanda shall consider it in accordance with law. No statute or precedent was cited in the judgment.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2214 of 2020

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

Raghvendra Pratap Singh, Son of Late Kedar Singh, Resident of VillageDaniyawa, Police Station-Telhara, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar through the District Magistrate, Nalanda.

The District Magistrate, Nalanda, at Biharsharif.

The Superintendent of Police, Nalanda at Biharsharif.

The District Arms Magistrate, Nalanda.

The Deputy Superintendent of Police, Nalanda.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Gautam Kumar Yadav, Advocate For the Respondent/s : Mr.Md.Nadim Seraj, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 06-03-2024

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner has moved the Court for the

following reliefs:

“(a) To quash the order dated 11.12.2019 contained in Memo No. 3401/19/1417/SH, dated 11.12.2019 passed by the District Magistrate, Nalanda by which application for grant of Arms Licence fro N.P. Bore Rifle, has been rejected.

(b) It is further prayed, after quashing of order dated 11.12.2019 passed by District Magistrate, Nalanda to direct the respondent to grant of Arms Licence for N.P. Bore Rifle for the safety of life and property of petitioner.

(c) Any other reliefs for which the petitioner is entitled under the fact and circumstances of the case.”

Patna High Court CWJC No.2214 of 2020(4) dt.06-03-2024 2/2

It has been submitted by learned counsel for the petitioner that his application for grant of arms license has been rejected though he is possession the training certificate. From the order dated 11.12.2019, it will appear that the petitioner was not able to produce the training certificate and therefore his arms license has been rejected.

In view of the fact that the petitioner has obtained the training certificate, this application is allowed.

The order dated 11.12.2019 is quashed.

The petitioner is directed to make a fresh application in the new format along with the certificate of training and if such an application is filed within six months of its filing, the same shall be considered by the District Magistrate, Nalanda, in accordance with law.

In view of the above, the application stands disposed of.

(Sandeep Kumar, J)

P. Kumar

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 11.12.2019 of the District Magistrate, Nalanda rejecting the petitioner's application for grant of an arms licence for an N.P. Bore Rifle ought to be quashed, the petitioner having since obtained the training certificate.medium confidence¶18
The court held
As the petitioner has obtained the training certificate, the writ application is allowed.ratio¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.12.2019 (Memo No. 3401/19/1417/SH) of the District Magistrate, Nalanda rejecting the petitioner's application for grant of an arms licence for an N.P. Bore Rifle.¶18
District Magistrate, Nalanda · 11.12.2019
Prior proceeding
The petitioner had applied for an arms licence for an N.P. Bore Rifle; per the rejection order he was unable to produce the training certificate, which was the stated ground for rejection.¶22

Parties & counsel

AI extract

petitioner
Raghvendra Pratap Singh¶3
Gautam Kumar Yadav
respondent
The State of Bihar through the District Magistrate, Nalanda¶6
Md.Nadim Seraj
respondent
The District Magistrate, Nalanda, at Biharsharif¶7
Md.Nadim Seraj
respondent
The Superintendent of Police, Nalanda at Biharsharif¶8
Md.Nadim Seraj
respondent
The District Arms Magistrate, Nalanda¶9
Md.Nadim Seraj
respondent
The Deputy Superintendent of Police, Nalanda¶10
Md.Nadim Seraj

Coram

AI extract

Sandeep Kumarauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 6 Mar 2024 · March
Registered: 29 Jan 2020
Case no.: CWJC/2214/2020
CNR: BRHC010064112020
Bench: Sandeep Kumar
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Raghvendra Pratap Singh, v. The State of Bihar, CWJC/2214/2020 (PAT), decided on 6 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Order dated 11.12.2019 (Memo No. 3401/19/1417/SH) of the District Magistrate, Nalanda rejecting the petitioner's application for grant of an arms licence for an N.P. Bore Rifle.District Magistrate, Nalanda · 11.12.2019
The petitioner had applied for an arms licence for an N.P. Bore Rifle; per the rejection order he was unable to produce the training certificate, which was the stated ground for rejection.

View full history

Bench / Coram

Sandeep Kumar

Parties & counsel