In this writ petition, the Patna High Court held that cancelling an arms license based solely on failure to produce arms for verification, without serving personal notice, is unsustainable. The court quashed the impugned orders and restored the petitioner's license.
Impugned orders quashed; arms license of the petitioner restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5251 of 2023
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Ramdahin Singh, Son of late Shyam Bihari Singh, Resident of Village - Lopar, P.O. - Ramespur, P.S. Daraunda, District - Siwan.
... ... Petitioner
Versus
... ... Respondents
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Appearance : For the Petitioner/s : Mr. Shashikant, Advocate For the Respondent/s : Mr. Md. Nadim Seraj (GP-5) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 02-01-2024
The petitioner is challenging the order dated 23.12.2022 passed by the Commissioner, Saran Division, Chapra, in Arms Appeal Case No.72 of 2022, whereby and whereunder the Commissioner has dismissed the appeal and confirmed the order dated 12.01.2022 passed by the District Magistrate, Siwan by which he has cancelled the arms license of the petitioner on the ground that the petitioner did not produce his gun for physical verification.
2. Learned counsel for the petitioner has submitted that no personal notice was ever served to the petitioner, which is apparent from the impugned orders and there is a general notice published in the newspaper and
Patna High Court CWJC No.5251 of 2023(3) dt.02-01-2024 2/3
because of non-response to the notice the arms license of the petitioner has been cancelled. He further submits that for cancelling the arms license of a license holder hearing is a must.
3. Learned counsel for the State submits that the petitioner has not acted upon the newspaper notice and therefore, his license has been cancelled on the ground that he did not produce his gun for physical verification.
4. I have considered the submissions of the parties and perused the materials on record. It is an admitted fact that no individual or personal notice was ever served upon the petitioner before passing the impugned orders. In this circumstance, the impugned orders cannot be sustained.
5 . In such view of the matter, the impugned orders dated 23.12.2022 passed by the Commissioner, Saran Division, Chapra, in Arms Appeal Case No.72 of 2022 and the order dated 12.01.2022 passed by the District Magistrate, Siwan are hereby quashed and the arms license of the petitioner is restored.
6. The District Magistrate, Siwan is directed that before asking someone to get physical verification of his arms, he must serve individual or personal notice to the license holder. Unless and until there is valid service of notice, the arms
Patna High Court CWJC No.5251 of 2023(3) dt.02-01-2024 3/3
license cannot be cancelled because of none physical verification of the arms.
7 . With the aforesaid observations and
directions, this writ petition stands allowed.
(Sandeep Kumar, J)
pawan/-
U
1 issue framed by the court
Whether cancellation of arms license without personal notice to the licensee violates principles of natural justice.
Ramdahin Singh
The State of Bihar through the Principal Secretary, Department of Home, Old Secretariat, Bihar, Patna
The Commissioner, Saran Division
The District Magistrate, Saran
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
