Quashed

Md. Shamim Reyaz v. The State of Bihar

Patna HC19 Mar 2024CWJC/4467/2024

Case brief

AI extract

What is this about?

Petitioner challenged cancellation of his arms licence by the District Magistrate, Darbhanga, who had not considered a prior Patna High Court judgment relied upon by him. The High Court quashed the cancellation and remitted the matter for fresh consideration with notice and a fresh police report.

What did the court decide?

Impugned cancellation order quashed; matter remitted to District Magistrate, Darbhanga for fresh consideration after hearing and fresh police report, by 31.07.2024.

Md. Shamim Reyaz Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4467 of 2024

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Md. Shamim Reyaz Son of Late Md. Jameel, Resident of Mohalla Sarai Sattar Khan, P.O. and P.S.- Laheriasarai, District- Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Home Secretary, Govt. of Bihar.

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The Divisional Commissioner, Darbhanga Division, Darbhanga. 3. The District Magistrate, Darbhanga. 4. The Senior Superintendent of Police, Darbhanga. 5. The Additional District Magistrate, (Arms), Darbhanga. 6. The District Arms Magistrate, Darbhanga. 7. The Sub-divisional Officer, Darbhanga.

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The S.H.O. Laheriasarai Police Station, District- Darbhanga.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Manisha Pandey For the Respondent/s : Mr. Government Pleader (22) Mr. Narendra Kumar Singh Ac to Gp 22 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 19-03-2024

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This is an application for setting aside the impugned order dated 24.11.2023 contained in letter dated 30.11.2023 passed in Arms Case No. 143 of 2023 by the District Magistrate, Darbhanga by which the petitioner’s arms license has been cancelled.

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2 . The District Magistrate, Darbhanga has passed the impugned order dated 24.11.2023 contained in letter dated 30.11.2023 by which he has cancelled the arms license of the

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Patna High Court CWJC No.4467 of 2024(2) dt.19-03-2024 2/3

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petitioner on the ground that there was no approval of the District Magistrate on the file of the petitioner by which has has been granted arms license. The petitioner was granted the license and thereafter he has procured the license.

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3 . Before the District Magistrate, the petitioner had relied upon the judgment of Hamid Ansari & Serajuddin Ansari V/s The State of Bihar & Ors passed in C.W.J.C. No. 782 of 2009 and had submitted that this judgment has not been considered by the District Magistrate, Darbhanga.

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4 . In view of the above, this application is allowed.

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5 . The impugned order dated 24.11.2023 contained in letter dated 30.11.2023 passed in Arms Case No. 143 of 2023 by the District Magistrate, Darbhanga so far as it relates to the petitioner is hereby quashed.

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6 . The matter is remitted back to the District Magistrate, Darbhanga to consider the case of the petitioner afresh in view of the judgment/order of this Court in the case of Hamid Ansari & Serajuddin Ansari V/s The State of Bihar & Ors (supra).

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7 . The consideration must be done on or before 31^st of July, 2024 after hearing the petitioner and after calling a fresh report from the concerned police station.

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Patna High Court CWJC No.4467 of 2024(2) dt.19-03-2024 3/3

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8 . Let a copy of this order be communicated to the

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District Magistrate, Darbhanga through FAX for its compliance

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forthwith.

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(Sandeep Kumar, J)

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Shishir/-

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Md. Shamim Reyaz v. The State of Bihar

Case brief

What is this about?

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Md. Shamim Reyaz v. The State of Bihar

Case brief

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