Lal Bahadur Mahto vs The State Of Bihar
2023 Latest Caselaw 5373 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.6049 of 2023
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Lal Bahadur Mahto Son of Mahavir Mahto Resident of Village-Hulas Tola, P.S.-Tiar, District-Bhojpur

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Home Department, Govt.

of Bihar, Patna.

2. The Divisional Commissioner, Patna Division, Patna.

3. The District Magistrate-Cum-Collector, Bhojpur, Ara.

4. The Superintendent of Police, Bhojpur, Ara.

5. The District Arms Officer, Bhojpur, Ara.

6. The S.H.O., Bihiya Police Station-Bihiya, Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sunil Kumar Yadav For the Respondent/s : Mr.Md. Nadim Seraj ( Gp 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 17-10-2023

The short prayer made by the petitioner in the present

case is to quash the order dated 13.12.2022, passed by the

Divisional Commissioner, Patna Division, Patna, in Arms

Appeal No. 150 of 2019, which has been dismissed for default

and remand the matter back to the appellate authority for

deciding the appeal of the petitioner, on merits.

2. The submission made on behalf of the petitioner is that

the District Magistrate, Bhojpur at Ara, had rejected the

application of the petitioner for grant of arms license, by an

order dated 3.2.2019, whereafter the petitioner had challenged Patna High Court CWJC No.6049 of 2023 dt.17-10-2023

the same, by filing an appeal bearing Arms Appeal No. 150 of

2019, along with a petition for condonation of delay of about 10

months in filing the same, however, the Divisional

Commissioner, Patna Division, Patna, has failed to consider the

grounds set out in the petition, filed by the petitioner, for

condonation of delay in filing the appeal and has instead straight

away dismissed the appeal for default. Thus, it is submitted that

it would be in the interest of justice to direct the Divisional

Commissioner, Patna Division, Patna, to hear the appeal of the

petitioner, on merits.

3. Per contra, though the learned counsel for the

Respondent-State has opposed the present writ petition,

however, he is not averse to the idea of the Divisional

Commissioner, Patna Division, Patna, hearing the appeal of the

petitioner, on merits, in case this Court so directs.

4. I have heard the Ld. Counsel for the parties and I find that

in the interest of justice and considering the equities, it would be

appropriate that the matter is remanded back to the Ld.

Divisional Commissioner, Patna Division, Patna to decide the

appeal of the petitioner on merits, hence, the order dated

13.12.2022, passed by the Divisional Commissioner, Patna

Division, Patna, in Arms Appeal Case No. 150 of 2019 is Patna High Court CWJC No.6049 of 2023 dt.17-10-2023

quashed, however the matter is remanded back to the Ld.

Divisional Commissioner, Patna Division, Patna & he is

directed to pass a reasoned and a speaking order, in accordance

with law, on merits, within a period of eight weeks of receipt /

production of a copy of this order.

5. The writ petition stands allowed to the aforesaid extent.

(Mohit Kumar Shah, J)

Ajay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       NA