Allowed

Sanjay Kumar Singh v. The State of Bihar

Patna HC16 Jan 2024CWJC/6046/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition for quashing a three-line letter rejecting the petitioner's application to expand arms licenses nationwide. The court held the rejection was bereft of reasons and quashed the orders, directing authorities to consider the case afresh with a hearing.

What did the court decide?

The letters dated 13.01.2023 and 10.02.2023 were quashed, and authorities directed to consider the case afresh after hearing the petitioner.

Sanjay Kumar Singh Vs The State of Bihar — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6046 of 2023

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Sanjay Kumar Singh Son of Late Shiv Darash Singh Resident of VillageLaddugama, P.O. and P.S.- Benipatti, District- Madhubani, Bihar, at present residing at 2B Vatika Apartment, Near Tank Road, Line Talab, P.O.- GPO, P.S.- Kotwali, District- Ranchi (Jharkhand).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Home, Govt. of Bihar, having its office at Vikas Bhawan, P.O. and P.S. Bailey Road, District- Patna, Bihar.

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The Commissioner, Darbhanga Division, P.O. and P.S. Darbhanga, DistrictDarbhanga, Bihar.

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The District Magistrate, Collectorate Complex, Madhubani, P.O. and P.S. Madhubani, District- Madhubani, Bihar.

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The District Arms Magistrate, Collectorate Complex, Madhubani, P.O. and P.S. Madhubani, District- Madhubani, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vindhyachal Singh, Sr. Advocate Mr. Amish Kumar Singh, Advocate Mr. Prashakan Thaur, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-3 Mr. Dr Mankeshwar Tiwari, AC TO AAG-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 16-01-2024

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Heard the learned counsel for the parties.

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This application has been filed for the direction in the nature of Certiorari for quashing of the decision as contained in Letter No. 10 (Shashtra)-01-2022-23 dated 13.01.2023 (Annexure9/1) which has been communicated to the petitioner vide letter contained in memo no. 68 dated 10.02.2023 (Annexure-9) issued under the signature of the respondent no. 4, whereby and whereunder the prayer of the petitioner for variation and expansion of arms licenses no. 1285/ 2015 (Annexure-5) throughout the country has

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Patna High Court CWJC No.6046 of 2023(4) dt.16-01-2024 2/2

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been rejected without assigning any reason.

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The letter dated 13.01.2023 issued by the Secretary of the Commissioner, division- Darbhanga, Darbhanga, is a three line letter saying that the petitioner doesn’t possess the qualifications for permitting the petitioner to carry his weapons all over India except the prohibited places and necessary correction in the license.

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The letter dated 13.01.2023 is bereft of reasons and the same cannot be sustained.

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The legal right of the petitioner cannot be considered by few lines by the Commissioner, Darbhanga. It has to be a reasoned order.

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This application is allowed. The letter dated 13.01.2023 and the consequential letter dated 10.02.2023 issued by the District Arms Magistrate, Madhubani are hereby quashed.

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The authorities are directed to consider the case of the petitioner afresh in accordance of law and after hearing him.

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(Sandeep Kumar, J)

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Sudha/-

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Sanjay Kumar Singh v. The State of Bihar

Case brief

What is this about?

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Sanjay Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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