IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11576 of 2005 BINOD KUMAR YADAV,SON OF MANCHA LAL YADAV RESIDENT OF VILLAGE RASHALPUR, P.S. NAUGACHIA, DISTRICT BHAGALPUR AT PRESENT RESIDING AT JAI PRAKASH NAGAR, P.S. KHAGARIA, DISTRICT KHAGARIA--- PETITIONER Versus 1. THE STATE OF BIHAR 2. COMMISSIONER, MONGHYR DIVISION, MONGHYR 3. DISTRICT MAGISTRATE,KHAGARIA----RESPONDENTS ----------- For the Petitioner:- Mr. Pramod Kumar Singh,Advocate For the State:- Mr. K.K.Singh,Standing Counsel IX 2 22.01.2009 Petitioner holds arms licence No. 8 of 1996. By order dated 12th October, 2002 (Annexure-1) his arms licence has been suspended and he has been asked to file show cause as to why the licence be not revoked. Against the aforesaid order he preferred appeal and the Divisional Commissioner by order dated 13.5.2005 upheld the order of the District Magistrate and dismissed the appeal. Both the orders have been impugned in the present writ petition. As the petitioner has preferred this application against the order suspending the licence, any expression of opinion at this stage may prejudice the case, either way. In case the District Magistrate, Khagaria had not passed final order on the issue of the revocation of the licence till - 2 - date, and the petitioner had not filed the show cause, after giving two weeks time to file show cause he will pass final order in accordance with law. However in case he had already passed the order revoking the licence, petitioner shall be at liberty to assail the same in accordance with law. Application stands dismissed with the observation aforesaid. (Chandramauli Kr.Prasad,ACJ.) A.Kumar