Created by Fuzzy Cloud

Patna High Court

Shresht RajversusThe State of Bihar through the Commissioner cum Secretary, Department of Home, Govt. of Bihar

Decided
Disposal
DISPOSED

Holding

The Court grants the petitioner liberty to challenge the District Magistrate’s order rejecting the arms licence.

Summary

The petitioner, Shresht Raj, applied for an arms licence which was rejected by the District Magistrate, Patna, in a reasoned order dated 14‑08‑2024. The petitioner sought liberty from the Patna High Court to challenge that order using any legal remedy available. The opposite parties contended that the order was in compliance with the Court’s earlier direction dated 29‑04‑2024. The Court, after hearing counsel, granted the petitioner liberty to contest the DM’s order. Consequently, the petition was marked as disposed. No substantive merits of the licence application were decided in this order.

Issues considered

  • Whether the petitioner is entitled to liberty to challenge the District Magistrate’s order rejecting the arms licence application.

Subjects

  • arms licence
  • administrative order
  • writ jurisdiction
  • liberty to challenge
  • high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2803 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.1838 of 2024
                 ======================================================
                 Shresht Raj S/o Nirmal Kumar, Resident of U.B. House, Bakerganj, Near Kali
                 Mandir, P.S.-Pirbahore, District-Patna (Bihar).

                                                                              ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Commissioner cum Secretary, Department of
                 Home, Govt. of Bihar Old Secretariat, Patna.
           2.    Dr. Chandra Shekhar Singh, The District Magistrate, Patna.
           3.    Arshi Shahin, The District Arms Magistrate, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Gopal Tiwari, Advocate
                 For the Opposite Party/s :   Mr. Vikash Kumar, SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   03-04-2026             It is submitted by the Ld. Counsel for the opposite parties

                   that in compliance of the order of this Court dated 29.04.2024

                   passed in CWJC No. 1838 of 2024, the District Magistrate,

                   Patna has passed a reasoned and a speaking order dated

                   14.08.2024, whereby and whereunder the application of the

                   petitioner for grant of arms license has been rejected.

                   2.      In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner to challenge the said

                   order dated 14.08.2024, by availing such remedies as are

                   otherwise available under the law.            Liberty, so sought, is

                   granted.
         Patna High Court MJC No.2803 of 2024(5) dt.03-04-2026
                                                     2/2




                   3.      The petition stands disposed of.



                                           (Mohit Kumar Shah, J)
S.Sb/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.