Patna High Court
Motiur RahmanversusAmir Subhani
- Decided
- Disposal
- DISPOSED
- Bench
- SUDHIR SINGH
Holding
The High Court held that the order dated 22 January 2019 had been complied with, and therefore the contempt petition was dismissed.
Summary
The petitioner, Motiur Rahman, filed a contempt application alleging that the District Magistrate of West Champaran had failed to comply with the High Court’s order dated 22 January 2019, which required the magistrate to consider the petitioner’s case and pass an appropriate order within 30 days. The opposite parties filed a show‑cause response stating that they had examined the petitioner’s claim, found it unsustainable, and rejected his application for a non‑prohibited bore rifle licence under Rule 12(2)(a) of the Arms Rules, 2016, thereby complying with the High Court’s directive. The Court examined the show‑cause statement and concluded that the magistrate had indeed considered the claim and issued a reasoned order, satisfying the earlier direction. Consequently, the Court held that the contempt petition was untenable and ordered its dismissal. The Court further directed that the petitioner could seek any other legal remedy available if he remained aggrieved.
Issues considered
- Did the District Magistrate comply with the High Court’s order dated 22 January 2019 directing consideration of the petitioner’s case within 30 days?
- Is the contempt petition maintainable in view of the alleged non‑compliance?
Legislation cited
- Arms Rules, 2016 — s. Rule 12(2)(a)
Subjects
- contempt
- civil writ jurisdiction
- non‑compliance
- Arms Rules 2016
- licence rejection
- high court order
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1210 of 2019
In
Civil Writ Jurisdiction Case No.1308 of 2019
======================================================
Motiur Rahman S/o Abdul Kalam Resident of Village-Bhogari P.O. Barwa,
P.S. Majhaulia, District West Champaran
... ... Petitioner/s
Versus
1. Amir Subhani the State of Bihar through Home Secretary, Govt. of Bihar
2. Sri Narm Deshwar Lal the Commissioner, Tirhut Division, Muzaffarpur
3. Dr. Nilesh Ram Chandra Deore the District Magistrate, West Champaran,
Bettiah
4. Jayanti Kant the Superintendent of Police, West Champaran, Bettiah
5. Vidha Nath Paswan the Sub-Divisional Officer, West Champaran, Bettiah
6. Manish Kumar the District Arms Magistrate, West Champaran, Bettiah
7. Krishna Murari Gupta the Officer-in-charge, Majhaulia, P.s. West
Champaran, Bettiah
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Dr. Mankeshwar Tiwari, AC to AAG-3
Mr. Saurav Kr. Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
6 25-02-2026 The present contempt application has been filed
alleging non-compliance of the order dated 22.01.2019 passed
in CWJC No. 1308 of 2019, which was disposed of with the
following observations:
“Considering the aforesaid facts and
circumstances, the Respondent No.3 i.e. The
District Magistrate, West Champaran, Bettiah is
directed to consider the case of the petitioner in
accordance with law and pass an appropriate
order within a period of 30 days from the date of
receipt/production of a copy of this order.”
Patna High Court MJC No.1210 of 2019(6) dt.25-02-2026
2/3
2. A show cause has been filed on behalf of the
opposite party no. 3 & 6, wherein following statements have
been made:
“8. That after hearing the petitioner and
perusing the documents/report available on
record, it was observed that the petitioner's
claim is not sustainable, he claimed that his
village is adjacent to the Nepal border, which is
not true, since only Bagaha-2, Ramnagar,
Gaunaha, Sikta & Mainat and Blocks of the
district are bordering Nepal. In his written
statement he claimed that he is a prosperous
farmer having 12 Bigha, 06 Kattha ½ dhur of
land belongs to him. After verifying the Land
Possession Certificate produced by the
petitioner, it was observed that the said land
property belongs to an undivided joint family, on
the basis of the above facts and reports opposite
party has passed its final order in light of Rule
12(2) (a) of Arms Rule, 2016, in details vide
order dated 05.04.2019, and same has been
communicated the concerned vide memo no.222,
dated 05.04.2019, whereby & where under the
application for the grant of license of NP Bore
Rifle has been rejected on the basis of failing to
submit evidence regarding perception of threat.
A photo copy of Memo no. 222 dated 05.04.
2019 annexed is herewith and marked as
Annexure-C to this show cause.
9. That from the facts mentioned above it is most
humbly submitted that the order passed by the
Hon'ble High Court, has been complied by the
opposite party within time framed, hence the
instant contempt petition is fit to be dismissed.”
3. In view of the statements made in the show cause, it
transpires that the order dated 22.01.2019 passed in CWJC
No. 1308 of 2019 has been complied with, inasmuch as the
claim of the petitioner has been considered and a reasoned
order has been passed.
Patna High Court MJC No.1210 of 2019(6) dt.25-02-2026
3/3
4. Accordingly, the present contempt application
stands disposed of.
5. It is, however, made clear that if the petitioner is
aggrieved by the order passed by the competent authority, he
shall be at liberty to avail such remedy as may be available to
him in accordance with law.
(Sudhir Singh, J)
Rajesh/-
U
Checking your session…