IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17738 of 2009 1. ARUN KUMAR GUPTA S/O TEJ NARAYAN PRASAD SAH @ TEJ NARAYAN PRASAD GUPTA R/O VILL SARSAULA, P.S. SHEOHAR,DISTT-SHEOHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SHEOHAR, DISTT- SHEOHAR 3. THE SUPERINTENDENT OF POLICE SHEOHAR, DISTT- SHEOHAR 4. THE OFFICER-IN -CHARGE SHEOHAR POLICE STATION, DISTT-SHEOHAR ----------- 2 3.5.2010 Petitioner has come for quashing of order of District Magistrate, Sheohar , as contained in Annexure 1, issued under memo no. 70, dated 6.11.2008. Quashing is sought on the ground that before cancellation of his arms license, he has not been heard. He alleges that he came to know of this when he went to receive his gun, which he had already deposited . The ground given is that the petitioner is FIR named accused and as such his license was cancelled. Petitioner states that he has been falsely implicated in the FIR, which is a case under Section 376/34 IPC and other Sections and has now been granted bail by the High Court. In my view, considering the fact that the license of the petitioner was cancelled way back in November, 2008 and he has already surrendered his gun in the police station, it is appropriate to direct the Collector to give post facto hearing to the petitioner where a hearing was not given before an order of cancellation was passed. The petitioner is accordingly directed to file a detailed representation for restoration of his license , which has been cancelled ex parte. Upon 2 such a representation being filed, the Collector-cum- District Magistrate, Sheohar would consider the matter and after hearing the parties affirming the order passed earlier or modifying it as he thinks fit and proper. Upon such representation being filed, the same should be considered and disposed of finally within three months of the said filing along with a copy of this order. The writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)