BINAY KUMAR S/O LATE KIRO YADAV R/O NAUGACHHIA, P.S. Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA AND ORS.

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State.

(2.) The petitioner is aggrieved by the order dated 10.12.2009 passed by the respondent Commissioner, Bhagalpur Division in Misc.Arms Case No.23 of 2008-09, whereby and whereunder he has refused to entertain the application filed by the petitioner pursuant to the liberty granted under the orders of this court passed in C.W.J.C.No.12845 of 2007, inter alia, on grounds that the petitioner had already exhausted his remedy of appeal in Appeal No.1/2005, which was heard and the matter remitted to the Collector, Bhagalpur for reconsideration and which has since been dismissed by him and thus the petitioner can not prefer another appeal on the same issue.

(3.) The facts of the case, in brief, is that following a show cause issued by the Sub Divisional Officer, Naugachia dated 18.6.2002 and its reply filed on behalf of the petitioner, his arms licence was cancelled by the District Magistrate, Bhagalpur by order dated 25.7.2002 bearing memo no.141 dated 26.7.2002 as contained in Annexure-1 to the writ petition. In compliance of the order dated 25.7.2002, the petitioner deposited his arms in question.