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2019 Supreme(Online)(Pat) 26

PATNA HIGH COURT
Amreshwar Pratap Sahi, CJ, Smt. Anjana Mishra, J
Mukesh Kumar Singh – Appellant
Versus
The State Of Bihar – Respondent


Advocates:
For the Appellant/s: Mr. Deepak Kumar, Adv.
For the Respondent/s: Mr.Prabhat Kumar Verma- AAG 3

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-07-2019

I.A. No. 6701 of 2018

Having heard learned Counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.

L.P.A. No. 1228 of 2018

This appeal arises out of a refusal to grant an Arms licence to the appellant under the Heirloom Policy. The learned Single Judge has dismissed the writ petition filed by the appellant on the ground of availability of alternative remedy.

Even though, ordinarily, the alternative remedy has to be availed of, but in the exceptional circumstances of this case that we have noted, we were impelled to entertain this appeal and had passed the following order on 1st of July, 2019:-

“Learned counsel for the appellant is permitted to implead Dharmendra Kumar, the then Station House Officer of Police Station Phulwarisharif, District-Patna as respondent no.9 by name during the course of the day.

This appeal has been filed praying that the learned Single Judge even though has noted the fact that it was an application for grant of licence under the Heirloom Policy, yet has rejected the writ pe

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