Allowed¶6

Jay Prakash Tiwari v. The State of Bihar

Patna HC13 Feb 2024CWJC/331/2024

Case brief

AI extract

What is this about?

Patna High Court; CWJC No. 331 of 2024; decided 13-02-2024; Justice Sandeep Kumar; petitioner Jay Prakash Tiwari vs State of Bihar/District Magistrate Buxar; arms licence; DBBL gun; heirloom policy; legal heir of deceased licence holder; rejection order dated 17.08.2023 quashed; threat perception; arms training certificate; application to be considered afresh in accordance with law; disposal within two months.

What did the court decide?

Writ application allowed; District Magistrate, Buxar's order dated 17.08.2023 quashed; District Magistrate directed to reconsider the application afresh in accordance with law once the petitioner produces the arms training certificate, and to dispose of the case within two months of receipt/communication of the order. ¶6

Jay Prakash Tiwari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a direction that the DBBL gun licence earlier held by his deceased father be granted to him, and whether the District Magistrate, Buxar's order dated 17.08.2023 rejecting his arms licence application should be set aside. +1 more

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Ratio / Principle

The writ application is allowed and the District Magistrate, Buxar's order dated 17.08.2023 rejecting the petitioner's arms licence application is quashed.

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Key takeaways

The District Magistrate, Buxar is directed to consider the petitioner's application afresh in accordance with law after the petitioner produces the arms training certificate before him.ratio¶6
The District Magistrate, Buxar will consider the case of the petitioner and dispose of it within two months from the date of receipt/communication of a copy of the order.ratio¶7

Detailed headnote1 paragraphs

Oral order dated 13-02-2024 of the Hon'ble Mr. Justice Sandeep Kumar (single-member bench), Patna High Court, in Civil Writ Jurisdiction Case No. 331 of 2024. Jay Prakash Tiwari, son and legal heir of the late original holder of the DBBL gun licence, sought a direction for grant of that licence under the heirloom policy and challenged the District Magistrate, Buxar's order dated 17.08.2023 rejecting his application on the grounds that there was no threat perception to him and that he lacked an arms training certificate. Counsel undertook that the petitioner would undergo arms training and produce a valid training certificate. The High Court allowed the application, quashed the order dated 17.08.2023, and directed the District Magistrate, Buxar to consider the application afresh in accordance with law after the petitioner produces the arms training certificate, disposing of the case within two months of receipt/communication of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.331 of 2024

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Jay Prakash Tiwari Son of Late Pashupati Nath Tiwari, resident of VillageBhadwar, P.S. Bagengola, District Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The District Magistrate, Buxar.

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The District Arms Magistrate, Buxar.

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The District Superintendent of Police, Buxar, Bihar, Patna.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr.Ravi Shankar Pathak For the Respondent/s : Mr.Standing Counsel (22) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 13-02-2024 Heard the parties.

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This application has been filed on behalf of the petitioner seeking a direction to the respondent authorities to grant the license of DBBL Gun to the petitioner which was already issued in favour of the petitioner’s father who has now died and also the petitioner prays for setting aside the order dated 17.08.2023 passed by the respondent no.2 (District Magistrate, Buxar) by which the District Magistrate, Buxar has rejected the application of the petitioner for grant of arms license.

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Learned counsel for the petitioner submits that the petitioner has applied for grant of arms license under the heir-

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Patna High Court CWJC No.331 of 2024(2) dt.13-02-2024 2/3

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loom policy to the legal heirs of the original license holder but the same has been rejected by the District Magistrate, Buxar by his order dated 17.08.2023 by saying that there is no threat perception to the petitioner and the petitioner does not hold the arms training certificate.

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Learned counsel for the petitioner further submits that the petitioner is ready to undergo arms training and he will produce a valid training certificate before the District Magistrate, Buxar. He further submits that so far as threat perception is concerned, it shall not be applicable to the case of the petitioner as he is claiming the arms license being the legal heir of the original license holder.

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Learned counsel for the respondent has opposed the application of the petitioner and has supported the impugned order.

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In view of the above submissions, this application is allowed and the order dated 17.08.2023 passed by the District Magistrate, Buxar is hereby quashed with a direction to the District Magistrate, Buxar to consider application of the petitioner afresh in accordance with law after the petitioner produces the arms training certificate before the District Magistrate, Buxar.

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Patna High Court CWJC No.331 of 2024(2) dt.13-02-2024 3/3

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The District Magistrate, Buxar will consider the case of the petitioner and dispose of the same within two months from the date of receipt/communication of a copy of this order.

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With the aforesaid directions, this application

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stands allowed.

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(Sandeep Kumar, J)

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Vikas/-

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Jay Prakash Tiwari v. The State of Bihar

Case brief

What is this about?

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Jay Prakash Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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