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Patna High Court

Chandan PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

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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