Wednesday, December 4, 2024

High Court quashes orders of District Magistrate, Khagaria and Divisional Commissioner, Munger in arms license case

In Ranjan Kumar Mandal vs. The State of Bihar Justice Mohit Kumar Shah of Patna High Court observed that "order dated 15.3.2018, passed by the District Magistrate, Khagaria, as also the one dated 15.11.2019, passed by the Divisional Commissioner, Munger Division, Munger, ares solely based on absence of threat perception to the petitioner,  which has led to rejection of the application of the petitioner for grant of arms license, however, this Court finds that the said orders are contrary to the law laid down by the learned Division Bench of this Court" in the case of The State of Bihar vs. Deepak Kumar on January 21, 2019. 

The Court also relied on decisions of the High Court in Manish Kumar vs. The State of Bihar (2015) and Amrendra Kumar Singh vs. State of Bihar (2008). 

The Court quashed the orders dated March 15, 2018, passed by the District Magistrate, Khagaria and the one dated 15.11.2019, passed by the Divisional  Commissioner, Munger and remanded the matter back to the District Magistrate, Khagaria, for fresh consideration, who shall, after granting an opportunity of hearing to the petitioner, pass fresh orders upon the application of the petitioner for grant of arms license, within a period of twelve weeks of receipt/production of a copy of this order, in accordance with law and by taking into account the provisions, contained in the Arms Rules, 2016, as also the law laid down by the Division Bench of the High Court. The judgment was delivered on November 27, 2024. 

The writ petition was filed for quashing the orders passed by the District Magistrate, Khagaria and the Divisional Commissioner, Munger Division, Munger denying arms license. 

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