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2021 Supreme(Pat) 1028

BIRENDRA KUMAR
Upendra Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Vindhya Keshari Kumar, Sr. Adv.
For the Respondent: Mr. Harish Kumar.

BIRENDRA KUMAR, J.:–In this application, under Article 226 of the Constitution of India, the petitioner has sought for quashment of the order dated 22.06.1995/01.07.1995 passed in Arms Case No. 02 of 1995 whereby respondent no.3-the District Magistrate, Saran at Chapracum- Licensing Authority has cancelled the Arms Licence No. 113 of 1989 relating to D.B.B.L. Gun No. 15302 of the petitioner. The petitioner has further sought for quashment of the ex parte order of the Appellate Authority (respondent no. 2) dated 08.04.2006 passed in Arms Appeal No. 33 of 1995-96 (Upendra Kumar Singh Vs. the State of Bihar) whereby the Commissioner affirmed the order of the District Magistrate-cum-Licensing Authority. The petitioner prays for issuance of mandamus to the respondent-authorities to restore the Arms Licence No. 113 of 1989.

2. The case and claim of the petitioner is that to protect his life and property from invaders, the petitioner applied for Arms Licence of a D.B.B.L. Gun and, after proper police verification, Arms Licence No. 113 of 1989 was issued in favour of the petitioner. Petitioner has stated on oath that the said Arms was never misused and the same was kept by the petitioner on

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