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2008 Supreme(Pat) 689

SHIVA KIRTI SINGH, J.N.SINGH
Mahesh Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

Shiva Kirti Singh and J.N.Singh JJ.

1. Heard learned counsel for the appellant/writ petitioner and learned counsel for the State.

2. Petitioner filed C.W.J.C. No. 6069 of 1998 for quashing of order dated 27.5.1996 passed by the District Magistrate, Jehanabad whereby his arm licence for a rifle bearing licence no. 276/82 was cancelled on the ground cf a criminal case bearing Ghoshi P.S. Case No. 148 of 1994 having been "instituted against writ petitioner and some others. Petitioner has also challenged the appellate order dated 21.5.1998 passed by Commissioner, Magadh Division, Gaya. The Writ Petition was summarily dismissed by the order under appeal dated 9.2.2000.

3. It has been submitted before us that the writ petitioner has conducted himself in accordance with law since he obtained arms licence in the year 1982. Only on the ground of one solitary case filed by a co-villager with allegation that shot fired by the writ petitioner hit a part of his building should not have been made a basis for cancelling his arms licence. It has further been submitted that a perusal of the order under appeal would show that the Writ Court has accepted the allegation in the criminal case th



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