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2022 Supreme(Pat) 911

MOHIT KUMAR SHAH, J.
Civil Review No. 353 of 2019 in CWJC No. 7486 of 2017
(9.11.2022)
Sweetty Kumari @ Rekha ... Petitioner
vs.
State of Bihar & Ors. ... Opp. Parties

Advocates:
For the Petitioner: Mr. Kumar Binode Bariar.
For the Opp. Parties : M/s Prabhat Kumar Verma (AAG-3), Dr. Mankeshwar Tiwari, AC to AAG-3.

Headnote:

Civil Procedure Code, 1908 – Order 47 Rule 1 – Constitution of India – Article 226 – Review of Judgment – Present petition does not depict any ground for review of order in question – Once a writ petition has stood withdrawn, no further petition should be entertained on the ground of public policy inasmuch as withdrawal of a writ petition by petitioner amounts to abandoning remedy under Article 226 of Constitution of India, in respect of cause of action relied on in writ petition – Such frivolous litigation clogs wheels of justice making it difficult for Courts to provide speedy justice to genuine litigants – Review Petition dismissed with cost of Rs. 1000/-. (Paras 7, 8 and 9)

Mohit Kumar Shah, J. – The present review petition has been filed seeking review of the order dated 26.09.2019 passed by this Court in CWJC No. 7486 of 2017, which is reproduced herein below: –

“After some arguments, the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to file fresh application for grant of arms licence before the District Arms Magistrate, Patna.

Accordingly, the present writ petition stands disposed of, however, with liberty to the petitioner to file fresh application for grant of arms licence, which shall be considered in accordance with law afresh on merits.”

2. The learned counsel for the review petitioner has submitted that the present review petition has been filed only on the ground that the learned counsel for the petitioner was suffering from Hypoglycemia, hence he could not place all the facts before this Court and instead withdrew this writ petition and moreover, for the reason that since the petitioner has been agitating her grievances before this Court since the year 1998 by filing various writ petitions, it would be in the interest of the petitioner to pursue her remedy before this Court instead of availing the alternative remedy available under the law.

3. I have heard the learned counsel for the petitioner and gone through the materials on record from which it is apparent that the learned counsel for the petitioner had voluntarily sought to withdraw the present writ petition with liberty to the petitioner to file fresh application for grant of arms license, before the District Arms Magistrate, Patna in the following background: –

(i) The petitioner had filed a writ petition bearing CWJC No. 6851 of 2009, assailing the order dated 04.09.2001, passed by the District Magistrate, Patna, whereby and whereunder the case of the petitioner for grant of arms license had been rejected as also the appellate order dated 30.12.2008, passed by the Divisional Commissioner, Patna, by which the appeal of the petitioner had been rejected.

(ii) The aforesaid writ petition bearing C.W.J.C. No. 6851 of 2009, was allowed by an order dated 06.09.2011 and the aforesaid orders passed by the District Magistrate, Patna as also by the appellate authority were quashed and the matter was remanded back to the District Magistrate, Patna to dispose off the application of the petitioner for grant of arms license afresh within a period of two months.

(iii) The petitioner had then filed a contempt petition bearing M.J.C. No. 1123 of 2012, wherein a show cause was filed by the District Magistrate, Patna inter alia stating therein that he has passed the final order dated 14.08.2012, rejecting the case of the petitioner for grant of arms license.

(iv) The aforesaid contempt petition bearing M.J.C. No. 1123 of 2012 was disposed of by a coordinate Bench of this Court vide order dated 22.02.2017, granting liberty to the petitioner to avail remedy as is available in accordance with law, in case the petitioner is aggrieved with the order dated 14.08.2012.

(v) The petitioner instead availing the remedy of appeal provided for under Section 18 of the Arms Act, 1959, challenged the said order dated 14.08.2012, directly before this Court by filing a writ petition bearing C.W.J.C. No. 7486 of 2017.

(vi) A counter affidavit had been filed in the aforesaid writ petition bearing C.W.J.C. No. 7486 of 2017, wherein it was stated that again a police report was sought, vide letter no. 1210 dated 13.07.2017, from the S.S.P., Patna with regard to the case of the petitioner and the Officer-In-Charge, Patrakarnagar Police Station clearly stated in his report dated 09.08.2017, that it appears that the petitioner is not in a position to handle arms, there is possibility of threat to public peace, hence recommendation cannot be made for grant of arms license to the petitioner in view of the provisions contained under Section 14(1)(b)(i)(3) and 14(1)(b)(ii) of the Arms Act, 1959. In the said counter affidavit, it was also s

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