Disposed

Reyasatullah Khan v. The State of Bihar

Patna HC2 Jan 2024CWJC/6772/2023

Case brief

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What is this about?

Petitioner challenged rejection of his arms license application by the District Magistrate, affirmed on appeal by the Commissioner. The High Court disposed of the writ petition permitting the petitioner to file a fresh application with proof of threat to his life and property, directing fresh consideration uninfluenced by the earlier rejection order.

What did the court decide?

Liberty to file fresh application with proof of threat; DM to decide afresh in accordance with law, uninfluenced by prior order dated 23.12.2020.

Reyasatullah Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6772 of 2023

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Reyasatullah Khan, Son of Late Kalimullah Khan, resident of village, P.O. and P.S.-Nauhatta, District-Saharsa.

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... ... Petitioner

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Versus

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The State of Bihar through the Home Secretary, Old Secretariat, Bihar, Patna.

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The Commissioner-cum-Appellate Authority, Koshi Division, Saharsa.

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The District Magistrate-cum-Licensing Officer, Saharsa.

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The Arms Magistrate, Saharsa.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 02-01-2024 Heard learned counsel for the parties.

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2 . The application of the petitioner for grant of

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arms license has been rejected by the District Magistrate, Saharsa on the ground that no proof of any threat of life and property of the petitioner could be produced by him before the authority. The licensing authority has rejected the application of the petitioner at that stage, which has been affirmed by the Commissioner, Koshi Range, Saharsa.

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3. The petitioner may file an application before

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the District Magistrate, Saharsa along with the proof of threat of his life and property, which will entitle him for grant of arms license.

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Patna High Court CWJC No.6772 of 2023(3) dt.02-01-2024 2/2

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4. If such an application is filed by the petitioner, the District Magistrate, Saharsa will consider and decide the same in accordance with law without being influenced by his earlier order dated 23.12.2020 which has been affirmed by the Commissioner.

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5. With the aforesaid observations and directions, this writ petition stands disposed of.

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(Sandeep Kumar, J)

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pawan/-

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Reyasatullah Khan v. The State of Bihar

Case brief

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Reyasatullah Khan v. The State of Bihar

Case brief

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