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2023 Supreme(Pat) 322

HARISH KUMAR
Rajnish Singh @ Rajnish Kumar @ Chuhwa – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s P. N. Shahi, Sr. Adv., Shweta Pandey.
For the State : Mr. Suman Kumar Jha, AC to AAG 3.

Harish Kumar, J.—Heard Mr. P. N. Shahi, learned senior counsel duly assisted by Ms. Shweta Pandey, learned counsel appearing on behalf of the petitioner. The State is represented by Mr. Suman Kumar Jha, learned Assistant Counsel to Additional Advocate General-3.

2. The petitioner, by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, sought a direction to implement the order dated 30.07.2019 passed in Arms Appeal No. 70 of 2019 by the Divisional Commissioner, Patna Division, Patna to restore the Arms Licence No. 278 of 2004.

3. The short matrix of the case is, that though the application of the petitioner for restoration of the arms licence was rejected by the learned Collector, Patna vide order dated 06.04.2019, however, the same has been set aside by the learned court of the Divisional Commissioner, Patna Division vide order dated 25.06.2019/17.07.2019 and the case of the petitioner was remanded back to the District Magistrate, Patna for fresh consideration. However, the learned District Magistrate, Patna vide his order dated 21.09.2020, despite being remand, rejected the case of the petitioner for restoration of arms licence, thus

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