IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1715 of 2005 Ram Ratan Sah @ Ratan Sah Son of Late Ram Bilash Sah, resident of village-Kukurarh, P.S.- Sonhan, District-Kaimur (Bhabhua)…. ..Petitioner Versus 1. The State Of Bihar, 2. Commissioner, Patna Division, Patna, 3. District Magistrate, Kaimur (Bhabhua), 4. Superintendent of Police, Kaimur (Bhabhua), 5. District Arms Officer, Kaimur (Bhabhua), 6. Officer in-Charge, Sonhan Police Station, District- Kaimur (Bhabhua)…. ….Respondents ----------- For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the State : Mr. Rajeev Lochan, AC to GA-9. ……………. 4 15.07.2011 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 28.9.2004 passed by the Commissioner, Patna Division, Patna in Arms Appeal Case No.116/2001 dismissing the same on the ground that the same is beyond its jurisdiction. It appears from order dated 10.7.2001 passed by the District Magistrate, Kaimur (Bhabhua) in Arms Case No.01/2001-2002, the order has been passed for confiscation of the petitioner’s Arms licence under the Arms Act. Counter affidavit has been filed on behalf of the State. It has been clarified in paragraph-15 that in 2 the order dated 10.7.2001, due to clerical mistake in place of the words “cancellation” in first line and “cancelled” in the last line, the words “confiscation and “confiscated” respectively have wrongly been typed. Thus, the appellate order, considering the original order to be passed in a confiscation proceeding, cannot be sustained and this Court is of the opinion that the appellate forum should decide the appeal of the petitioner afresh on its own merit also taking into consideration the subsequent events specially the claim of the petitioner that he has been later on acquitted of the charges in the concerned trial which was the genesis of initiation of cancellation proceeding. In above view of the matter, the order dated 28.9.2004 as contained in Annexure-5 is hereby quashed and set aside. The matter is remitted back to the appellate authority to consider the appeal afresh. While considering the same the appellate forum may also consider the point of jurisdiction in the changed circumstance. Since this order has been passed in the presence of learned counsel appearing for the parties, it is expected that the petitioner will approach the 3 appellate authority along with a copy of this order within four weeks. Having done so, the appellate authority shall consider the appeal and dispose of the same within ten weeks. This disposes of the writ application. Sanjay-II ( Dr. Ravi Ranjan, J.)