Patna High Court
Chandan PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court grants the petitioner liberty to challenge the District Magistrate’s order and disposes of the contempt petition.
Summary
Petitioner Chandan Prakash applied for an arms licence which was rejected by the District Magistrate, Buxar on 03.11.2023. The rejection was in compliance with a prior order of the Patna High Court dated 29.03.2023 in the same writ petition. The State of Bihar and several officials filed a contempt petition against the petitioner for allegedly not complying with the court’s direction. The learned judge examined the submissions and, instead of finding contempt, granted the petitioner liberty to challenge the magistrate’s order through the appropriate legal process. The contempt petition was therefore disposed, with the petitioner allowed to pursue further remedy.
Issues considered
- What is the appropriate remedy for a petitioner whose arms licence application has been rejected after a court order?
- Can the court entertain a contempt petition in this context, or should it permit the petitioner to challenge the administrative order?
Subjects
- arms licence
- contempt petition
- judicial discretion
- due process
- administrative order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3012 of 2023
In
Civil Writ Jurisdiction Case No.508 of 2023
======================================================
Chandan Prakash (M), S/o Madan Mohan Ray Resident of- Narayani Vatika,
Jail Road, Sumeshwar Asthan P.S.-Model Thana, District - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through K Senthil Kumar, Son of Not Known to the
Petitioner, Home Secretary, Govt. of Bihar.
2. Anshul Kumar, Son of Not Known to Petitioner, District Magistrate, Buxar.
3. Kumar Ravi, Son of Not Known to Petitioner, Divisional Commissioner,
Patna Division, Patna.
4. Amir Ahmad, Son of Not known to the Petitioner, District Arms Magistrate,
Buxar.
5. Pramod Kumar, Son of Not Known to the Petitioner, Additional District
Magistrate, Buxar.
6. Dhirendra Kumar Mishra, Son of Not known to the Petitioner, Sub
Divisional Officer, Buxar.
7. Manish Kumar, Son of Not Known to The Petitioner, Superintendent of
Police, Buxar.
8. Dinesh Kumar, Son of Not Known to Petitioner, S.H.O., Model, Town
Thana, Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manisha Pandey, Advocate
For the Opposite Party/s : Mr. Sheo Shankar Prasad, SC 8
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 06-02-2026 The learned counsel for the opposite parties submits
that in compliance of the order of this Court dated 29.03.2023
passed in CWJC No. 508 of 2023, the application filed by the
petitioner for grant of arms licence has been rejected by an order
dated 03.11.2023 passed by the District Magistrate, Buxar in
Case No. 596 of 2023 and 597 of 2023.
Patna High Court MJC No.3012 of 2023(4) dt.06-02-2026
2/2
2. In view of the aforesaid, while disposing of the
present contempt petition, I deem it fit and proper to grant
liberty to the petitioner to challenge the aforesaid order dated
03.11.2023 by taking recourse to the due process of law, if so
advised.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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